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Constructive Possession vs. Actual Possession

“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…

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Indiana Level 5 Felonies

Indiana Level 5 Felonies

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…

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Aid to Disabled Defendant

Aid to Disabled Defendant

Criminal cases can sometimes involve defendants that are mentally disabled, but not to the extent that they are excused for their crimes. However, the State legislature has acknowledged the fact that sometimes the Courts need more sentencing options for these types of defendants. Often, prison or other traditional sentencing options are not appropriate for a mentally disabled defendant. Defendants in this category would frequently benefit from services in the community, specifically tailored to their disability….

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When Can You Get a Misdemeanor Expunged

When Can You Get a Misdemeanor Expunged

In Texas, misdemeanors can be expunged after a waiting period: 180 days for Class C and 1 year for Class A or B. The process includes filing a petition, attending a court hearing, and waiting for the judge’s order and record removal. This can take months, and consulting a criminal defense lawyer can help determine eligibility. Any person who has been arrested or convicted of a crime may want to have their Indianapolis criminal record…

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Reasonable Doubt Definition

Reasonable Doubt Definition

Reasonable doubt is a legal standard in criminal cases, requiring the evidence to be so convincing that a reasonable person would not hesitate to act. This high standard protects defendants, as the prosecution must prove guilt beyond a reasonable doubt—though not to absolute certainty. In contrast, civil cases use lower standards like “preponderance of the evidence” or “clear and convincing evidence.” Anyone and everyone that has ever watched a crime show on TV can tell…

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Concurrent vs. Consecutive

Concurrent vs. Consecutive

Concurrent means sentences are served at the same time, while consecutive means they are served one after another. For instance, a concurrent sentence allows someone convicted of multiple crimes to serve all punishments simultaneously. In contrast, a consecutive sentence requires serving time for each conviction sequentially. Judges decide based on factors like the severity of the crimes, the defendant’s history, and public safety. I.C. 35-50-1-2 When Defendants are sentenced in criminal cases often there are…

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Class A misdemeanor Indiana First Offense

Class A misdemeanor Indiana First Offense

I’ve Been Arrested for a Misdemeanor in Indiana, Now What? For most people, when they are arrested for the first time, they have committed a misdemeanor. These are sometimes called “petty” crimes. However, when someone has been arrested for the first time, nothing seems petty, and the potential penalties for a misdemeanor can sound quite scary. If you’ve been arrested for a criminal charge, it’s crucial to understand your options and the potential consequences you…

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I Refused the Certified Chemical Test: What is Going to Happen to My Driver’s License?

I Refused the Certified Chemical Test: What is Going to Happen to My Driver’s License?

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…

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