It was just announced that all eligible attorneys at Banks & Brower have been selected as a Super Lawyer or Rising Star for 2022. This is quite an accomplishment for the firm and our attorneys. Our Super Lawyers and Rising Stars include, Brad Banks, Adam Brower, Bill Frederick, and Gasper Stare. Congratulations to our attorneys on this great accomplishment.
If police officers arrive at your home with a search warrant, it will obviously be a very stressful, difficult, and possibly chaotic time. As such, it is important to understand the process by which police obtain a warrant, and what they may search for once they enter your home with a valid warrant. A search warrant is an order signed by a judge giving police the legal authority to search for evidence of a crime…
Purchasing and possessing a firearm in Indiana is a legal process that requires one to know the licensure process and the appeals process should one’s permit application be denied. Indiana is a “shall issue” state (Ind. Code 35-47-2-3), which means that the Indiana State Police shall issue a concealed carry permit to one who meets the following criteria: The person has a proper reason for carrying a handgun; See Code 35-47-1-8 and Schubert v. DeBard,…
As most everyone knows, if you are charged with a felony in Indiana, you are guaranteed a jury trial. In fact, it is such a fundamental right, it is established as a matter of course when your felony case is charged at your initial hearing — you will be given a date for your jury at that hearing, whether you want one or not. It is assumed the case will be going to jury trial…
From time to time, we received calls asking questions about the defense of duress. In Indiana, duress is an affirmative defense defined by statute. An affirmative defense provides a legal justification for one’s actions. A successful defense of duress establishes a lack of criminal culpability for otherwise criminal acts. The fact that the criminal act occurred is conceded, but the argument is that there was a justifiable reason why the defendant committed the act. This…
Pursuant to Indiana Code 9-30-5-1 there are three ways a person can be charged with operating while intoxicated. First, operating a vehicle with an alcohol concentration of .08 but less that .15. Second, operating a vehicle with a vehicle with an alcohol concentration of .15 or greater. Third, operating a vehicle with a controlled substance listed in schedule I or II of I.C. 35-48-2 or its metabolite. Marijuana is currently listed as a schedule I…
Going through the legal system as a juvenile can be a scary and have a lasting impact on the child and their family. However, there is good news, a juvenile true finding does not have to hang over a person’s head forever. Effective June 1, 2021, under Indiana Code 31-39-8-3.5 if a juvenile has reached the age of 19 or has been discharged from the juvenile court system (whichever is later), the court on its…
Have you, or someone you know, been convicted of a crime? If so, you may be eligible for an expungement off your records. Please refer to the Banks & Brower Expungement Guide to see if you qualify.
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.