Most people realize that juveniles are treated differently than adults in criminal cases. Even the Supreme Court has gone out of its way to issue numerous rulings (see Brown v. State, 10 N.E.3d 1 (Ind. 2014) and Fuller vs. State, 9 N.E.3d 653 (Ind. 2014)) specifically mentioning that juveniles should be treated differently because they have not fully matured, often don’t fully recognize the wrongfulness of their acts, and are able to be rehabilitated with…
It was just announced that all eligible attorneys at Banks & Brower have been selected as a Super Lawyer or Rising Star for 2022. This is quite an accomplishment for the firm and our attorneys. Our Super Lawyers and Rising Stars include, Brad Banks, Adam Brower, Bill Frederick, Matt Kubacki and Gasper Stare. Congratulations to our attorneys on this great accomplishment.
The crimes of burglary and robbery are often confused. Many people believe that burglary is synonymous with robbery. In fact, the elements of these two crimes are quite different. Robbery, generally, is the taking of property from another person by force or the threat of force. Burglary, on the other hand, occurs when an individual breaks into the dwelling or structure of another, with the intent to commit a felony or theft inside. If the…
If police officers arrive at your home with a search warrant, it will obviously be a very stressful, difficult, and possibly chaotic time. As such, it is important to understand the process by which police obtain a warrant, and what they may search for once they enter your home with a valid warrant. A search warrant is an order signed by a judge giving police the legal authority to search for evidence of a crime…
Purchasing and possessing a firearm in Indiana is a legal process that requires one to know the licensure process and the appeals process should one’s permit application be denied. Indiana is a “shall issue” state (Ind. Code 35-47-2-3), which means that the Indiana State Police shall issue a concealed carry permit to one who meets the following criteria: The person has a proper reason for carrying a handgun; See Code 35-47-1-8 and Schubert v. DeBard,…
As most everyone knows, if you are charged with a felony in Indiana, you are guaranteed a jury trial. In fact, it is such a fundamental right, it is established as a matter of course when your felony case is charged at your initial hearing — you will be given a date for your jury at that hearing, whether you want one or not. It is assumed the case will be going to jury trial…
From time to time, we received calls asking questions about the defense of duress. In Indiana, duress is an affirmative defense defined by statute. An affirmative defense provides a legal justification for one’s actions. A successful defense of duress establishes a lack of criminal culpability for otherwise criminal acts. The fact that the criminal act occurred is conceded, but the argument is that there was a justifiable reason why the defendant committed the act. This…
Pursuant to Indiana Code 9-30-5-1 there are three ways a person can be charged with operating while intoxicated. First, operating a vehicle with an alcohol concentration of .08 but less that .15. Second, operating a vehicle with a vehicle with an alcohol concentration of .15 or greater. Third, operating a vehicle with a controlled substance listed in schedule I or II of I.C. 35-48-2 or its metabolite. Marijuana is currently listed as a schedule I…