2022

The term DUI is actually a bit of a misnomer in Indiana. In Indiana, we call it Operating a Vehicle While Intoxicated, or “OVWI”. State governments take OVWI very seriously and therefore implemented a penalty structure that increases the minimum punishment for picking up multiple OVWIs in one’s lifetime. While some aspects of the penalty are aimed at rehabilitation of any underlying drinking habits, others are aimed at protecting society from the dangers of drunk…

Most people realize that when you are serving a suspended sentence on probation that if you violate the terms of that probation, the State of Indiana can go after you for some (or all) of that suspended time. However, most people don’t realize the nuances of when the petition to revokes can be filed and what the possible outcomes are if a violation is proven. This blog will discuss both in detail. According to IC…

Entrapment is an affirmative (or complete) defense to criminal charges.  While the state must always prove its case beyond a reasonable doubt, the evidentiary burden is on the defense to prove by a preponderance of the evidence that he/she was entrapped by the government into committing a criminal act. In Indiana, the defense of entrapment is defined by IC. 35-41-3-9.  It reads: It is a defense that: The prohibited conduct of the person was the…

When someone dies and it’s at the hands of another person, unless the killing was justified, the person committing the killing will normally be charged with a crime.  Frequently in the news we hear someone being charged with first degree murder or murder in the third degree.  In short to answer the question posed in this blog, no, Indiana does not have “degrees” of murder, but it does have a few different crimes someone can…

Prior to 2021, Indiana did not prohibit the placement of juvenile arrestees in adult jails before trial proceedings. A juvenile arrestee may have been held with adult offenders, exposing them to adult jail conditions which may have long-lasting impacts on the juvenile. In response to the Juvenile Justice and Delinquency Prevention Act of 2018, Indiana added a new statute addressing pre-trial detention of juvenile arrestees that became effective July 1, 2021. The Juvenile Justice and…

Once a Trial Court in the State of Indiana issues a child support order for a child(ren), a non-custodial parent will need to make necessary arrangements to pay the ordered amount.  Ignorance of how to make payments is no excuse. Every state has been mandated by the Title IV-D of the Federal Social Security Act to provide child support services, including enforcement of payment.  This is called the Title IV-D Child Support Program (or Title…

Past blogs have referenced the differences between State and Federal court but perhaps the biggest difference is the mandatory minimum sentences for certain criminal offenses.  These statutory requirements mean that an individual will serve at least the minimum required time, regardless of what their guideline range may be in the Federal system.  For example, an individual could commit a criminal offense that requires a minimum of 5 years in the Federal Bureau of Prisons and…

Any person who has been arrested or convicted of a crime may want to have their criminal record expunged. Often, having a criminal record can cause difficulty in obtaining employment, housing, or certain types of licenses. There are a wide variety of reasons to seek expungement. Here at Banks and Brower, we help a lot of people expunge records, but your eligibility may vary depending on the nature of your criminal history. Not everyone is…