Many times a week, people call our office stating that they were either convicted of or are facing charges that stem from only a single person’s testimony against their own. They will often say things like: “there is no evidence, just one person’s word vs. mine, so it should be thrown out, right?” or “I can’t be convicted without some other physical evidence, right?” While common sense may lead you to believe that or that…
If you have any questions, don’t hesitate to contact the criminal defense attorneys at Banks and Brower at (317) 526-4630 or [email protected].
Marijuana legalization has surged around the country, including in states surrounding Indiana. Many people who utilize marijuana legally outside the state often have concerns about whether they could be charged with and convicted of an operating while intoxicated offense in Indiana based solely on the presence of marijuana (or its metabolites) in their blood. Indiana law currently criminalizes operating a vehicle with a controlled substance listed in schedule I or schedule II or its…
In determining the rights and responsibilities both parents have towards a child, establishing paternity may simplify the process. In Indiana, paternity provides a child born outside of marriage a legal father. Establishing paternity outlines a father’s legal rights and responsibilities towards a child. Additionally, establishing paternity can aid in issues revolving around child custody, parenting time, and child support. Resolving paternity issues may allow a child the rightful ability to bond with both parents. How…
There are many occasions over the course of criminal cases where the Judge gets to decide what the sentence will be. If someone loses a trial, then the judge can sentence someone to whatever they want within the range of sentences prescribed by statute. For example, if someone is convicted of a Level 5 Felony after a trial, they can be convicted of anything between 1 and 6 years, with an advisory sentence of 3…
Hearsay is a fundamental legal concept that plays a crucial role in the justice system. It refers to the introduction of out-of-court statements or declarations as evidence in court proceedings. The rationale behind the hearsay rule is to ensure the reliability and credibility of the evidence presented, promoting fair trials and justice. In this blog, we will delve into the nuances of hearsay, its definition, exceptions, and the impact it has on legal proceedings. Definition…
Facing a personal injury case can be a challenging and overwhelming experience. From medical bills to lost wages, the aftermath of an injury can have a significant impact on your life. One crucial decision you’ll need to make is whether to hire an attorney to help you navigate the complexities of your personal injury case. In this blog post, we’ll explore the factors to consider when deciding whether to seek legal representation. Understanding the Complexity:…
When a subpoenaed witness does not appear for trial, it puts the prosecution in a bind. The defendant has the right to confront and cross examine all witnesses testifying against them. When a witness does not appear for trial, or refuses to testify at trial, the prosecutor can be hard-pressed to get the witness’ out of court statements into evidence. This blog will examine the two hurdles the State must overcome to use a witness’…
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Brad Banks who has more than 20 years of legal experience as a criminal defense attorney.