January 2025

Operating a Vehicle While Intoxicated (OVWI) is one of the most common crimes that people are charged with.  Most of us have unfortunately made the choice to get behind the wheel after having a few drinks.  The nightmare scenario under those circumstances is getting pulled over and becoming the target of an OVWI investigation.   While there are several steps to an OVWI investigation, arguably the most impactful occurs when the police officer offers the suspect…

Slip and fall accidents can happen anywhere, from grocery stores to sidewalks.  They can result in serious injuries, which can affect your quality of life.  Knowing the right steps to take immediately after a slip and fall accident can help protect your health and your legal rights.  Here’s a guide on what to do if you find yourself in this unfortunate situation. Assess Your Injuries The first thing you should do after a slip and…

Key Takeaways Indiana law allows Sunday carryout alcohol sales from 12:00 PM to 8:00 PM. These hours apply to all licensed retailers selling carryout alcohol. Before 2018, Indiana prohibited Sunday carryout alcohol sales. Indiana defines DUI as operating a vehicle with BAC of 0.08% or more. Refusing a chemical test triggers automatic license suspension under Indiana implied consent law. Indiana’s Sunday alcohol law hours, the long and short of it. Would you like to know…

Diversion is a program that postpones the prosecution of criminal charges for a set period (usually one year). If all the program’s terms are met during this time, the charges may be dismissed. Many people who have committed their first criminal offense find themselves eligible for a diversion. A diversion is an agreement between the State and a criminal defendant that essentially says, “If you pay a fee and do either some community service or…

Key Takeaways The US and Indiana constitutions guarantee the right to a criminal trial. About 90–95% of criminal cases resolve through plea agreements. Roughly 5–8% of criminal cases end through dismissal or diversion. Only about 2–5% of criminal cases proceed to trial. Trials occur more often in serious charges like murder, violent crimes, or sex offenses. The fundamental right to trial is something that is guaranteed and enumerated in the constitutions of both the US…

A Class 6 felony charge is the least serious type of felony charge one can face in Indiana, but it still comes with some serious consequences that can impact one’s life. So, what is a Class 6 Felony? In Indiana, felonies are divided into six classes with Level 6 being the least harsh. Though, of lesser severity as Level 1 to Level 5 felonies, a conviction for Level 6 felony may result in imprisonment, fines as well…

“Possession is nine-tenths of the law” is a very familiar saying, but you may not know that there are different types of possession.  The two main types of possession recognized under federal law and in practically every state are actual possession and constructive possession. These concepts are not statutorily proscribed but instead have evolved through case law. Moreover, these types of possession apply not only to drugs, but to any item that may be deemed…

In Indiana, Level 5 felonies are among the most serious charges within the state’s classification and penalization. Possible results include imprisonment, large fines, and an additional lifelong criminal record. Offenses could be fraud, theft, or drug-related. With Banks & Brower, we understand the complications within Indiana’s legal system. We are here to assist you with knowledgeable, well-educated defense methods. Potential Imprisonment for Indiana Level 5 Felonies How many years is the imprisonment for a Level…