There are two broad categories of evidence. Direct evidence is evidence that stands on its own to prove a fact. Circumstantial evidence is evidence that relies on an inference to draw a conclusion of fact. Both types of evidence are routinely presented in criminal trials. It is crucial to have an attorney that has experience both presenting and challenging these types of evidence. Most cases involve some form of direct evidence. The most common type…
As we continue to face uncertain times regarding the coronavirus and its effects on all facets of our daily lives, many people facing criminal charges are wondering how it might affect their criminal cases moving forward given all the social restrictions in place and government mandates (especially in the short term). While this area is changing on a daily basis, now is a good time to fill people in on where we are as of…
The statute defining murder is very simple in Indiana. In order to convict someone of murder, the State must prove that: The Defendant; Knowingly; Killed; Another person. Can You Be Charged With Murder if You Never Killed Someone? This is by far the most common method in which individuals are charged with the intentional killing of another. It is important to understand, however, that it is possible to be charged with murder even if you…
Interstate compacts are agreements between states to enforce a policy that is not necessarily governed by federal law. Interstate compacts are one way that states can work together to enforce a policy or regulation without the interference of the federal government. A few interstate compacts specifically affect criminal cases: the Interstate Compact for Adult Offender Supervision (ICAOS), the Interstate Corrections Compact (ICC), and the Driver License Compact (DLC). Interstate Compact for Adult Offender Supervision Currently,…
Once you are serving and/or were sentenced to a specific period, many people in society ask and wonder if there are any possible ways to reduce this specified time. Under Indiana law there is possible way to reduce this specified sentence time in certain situations. The controlling statute under Indiana law is I.C. §35-38-1-17. In general, I.C. §35-38-17 states and expresses all relevant aspects of sentence modification, the conditions associated to, and which offenders that…
Being charged with a crime is stressful. The criminal justice system can be a cumbersome, confusing process for anyone to navigate. This is true not only for adults, but also for juveniles accused of committing what would be deemed crimes if they were over eighteen. This blog will spell out the juvenile delinquency process in a general sense in hopes of answering questions that parents and/or juveniles may have when faced with a delinquency case…
After charges have been filed against a person, a judge will then determine if a person is eligible to be released. If the court determines that the arrestee does not pose a significant risk of danger to herself or others, then the court will determine a bond amount. The bond amount is based on the charges filed. To learn more about bonds specifically, see https://banksbrower.com/2019/09/16/pay-a-bond-or-pay-a-lawyer/. A judge looks to different factors to decide if the…
It seems like every single week, somewhere around the country, there is a local and/or national story about a teacher having an “inappropriate sexual relationship with a student(s).” Whether involving high school students or middle school students, there are teachers of both sexes that are consistently being caught having sexual relations with children of all ages and sexes. Given the position of trust that teachers have with their students, the legislature has created a specially…
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.