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.
It is upsetting to think that sometimes people are falsely accused of committing a crime. Unfortunately, false accusations do happen and sometimes criminal charges are filed against innocent people. In our experience, the most common type of case in which false accusations are made are sex offense cases. As a result, these cases routinely go to trial. The laws and rules of evidence governing what can and cannot be brought up at trial in sex…
Like many things in life, families come in many shapes and sizes. Families are formed and can change throughout a lifetime, including the roles parents play in a child’s life. Having a father in your child’s life comes with many benefits, including emotional connection, support, and avoiding future complications that come with establishing paternity. But what happens if the man listed on the birth certificate is not in fact the child’s biological father? Can you…
As complicated as the Indiana Sex Registry statutes are, we thought it made sense to simplify all the statutes, exceptions, and nuanced factors into simple, easy to understand charts. Below are the two charts simplifying the process. The first chart lists all the Indiana Sex Registry crimes and whether they are 10-year or lifetime registries: D = Defendant AV = Alleged Victim P/G = Parent/Guardian SVO = Serious Violent Offender The second chart below…
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.