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…
Having a conviction for theft or conversion can lead to several headaches. Employers frequently ask questions and conduct background checks looking for either of these offenses, as they are considered “crimes of dishonesty.” A conviction for either theft or conversion might very well discourage an employer from hiring an individual. This blog will define both theft and conversion, as well as explain the difference between the two offenses. Theft is one of the more…
In almost all legal settings there is something called burden of proof. What exactly does burden of proof mean? Cases have regularly defined burden of proof as being the necessity or duty of affirmatively proving a fact or facts in dispute on an issue raised between the parties in a cause. In the law how you meet that burden of proof is the introduction of evidence to either a judge or a jury that then…