As criminal defense attorneys, we have handled hundreds, if not thousands, of sentencing hearings. And, depending on the circumstances, we may choose to call our client to the stand to testify on their own behalf, or, in the alternative, may ask them not to say a single word. Why? Because each and every case is different. Outcomes are sometimes decided in advance. Sometimes there are times when hearing from the defendant is essential. So, when…
Banks & Brower, LLC strongly encourages community involvement. Luckily, there are several avenues open to people in order to make an impact in their community. One way you can get involved in your community and play an active role is by voting. Get out and vote for the candidate who will fix the potholes (we all know this one is much needed), one who wants to preserve history while growing their community in an appropriate…
This is one of the most common questions that we are asked when we are meeting with a new client. The short answer, like almost all answers in the legal world, is that it depends. In today’s blog we will look at the factors a prosecutor will consider in deciding whether they think you should have to do jail time as part of your possible punishment for a criminal charge. It should be noted this…
For nearly two centuries, the concept of the “insanity defense” has been debated and changed in Indiana’s Appellate Courts. Central to the debate is the recognition that, when a mental illness renders a person incapable of distinguishing right from wrong, the law excuses their would be criminal conduct. Left with answering the question whether a particular individual in any criminal case meets that criteria is the “trier of fact” or the jury or trial judge. …
When a defendant pleads guilty to any crime in the State of Indiana, they either must be informed in writing, in person, or by video of the constitutional rights they waive by pleading guilty. That’s an important step in someone taking responsibility for their actions, as the United States and Indiana Constitutions demand a complete understanding of what you are entitled to in your defense. And, thus, when you plead guilty, you are waiving the…
In Indiana, and many other states for that matter, when someone is charged with murder they are normally held without bond. This generally seems inconsistent with a system that presumes someone is innocent. Being held in jail pending trial when you know you have been wrongfully charged can be incredibly frustrating, many times leading to severe bouts of depression. I.C. 35-33-8-2 states, “Murder is not bailable when the proof is evident or the presumption is…
A detective wants to meet with me, police want me to make a statement, the police called me in for questioning; these are just some of the questions we often get from individuals under investigation. Or possibly you have already had that meeting and made a statement you now need to know the implications of. This article will take a look at confessions, the protections the US and Indiana Constitutions provide, and the different scenarios…
General Habitual Offenders (IC 35-50-2-8) Convicted of: Murder, Level 1, Level 2, Level 3, and Level 4 Felonies Habitual Eligible If: (1) Defendant has two prior unrelated felonies, AND (2) At least one prior is not a Level 6 or D-Felony Sentencing Range: 6-20 years Convicted of: Level 5 Felony Habitual Eligible If: Defendant has two prior unrelated felonies, At least one prior is not a Level 6 or D-Felony Defendant has a prior Level…