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When determining possible, criminal sentencing ranges and placement options at the federal level, one only look so far as the federal sentencing guidelines and the federal sentencing table. See a blog on the guidelines and sentencing table here. Here is the table as well: While the sentencing table lays out the advisory sentencing ranges that judges look to in determining the total length of the sentence to be imposed based on the crime committed, one…

What is a No Contact Order? (Ind. Code 35-26-5 and 35-26-6) Courts can impose various forms of No Contact Orders, and they can even be a necessary condition of release on bail. No Contact Orders prevent one from (as the name suggests) contacting another individual, usually in the aftermath of a domestic dispute or other interpersonal conflict. (See Ind. Code 35-33-8-3.6). In some circumstances, a defendant may later seek to get a no contact order…

There are two primary ways in which the state charges individuals with misdemeanor resisting law enforcement.  Typically, resisting law enforcement is thought of in the context of a fight or a struggle with police officers.  This is not always the case, as the state can also file resisting law enforcement for fleeing, or running away from the police, after the police have ordered the individual to stop. Misdemeanor resisting law enforcement cases often go to…

On December 15, the Indiana Supreme Court issued a new order suspending jury trials until March 1, 2021. This new order can (and likely will) impact your criminal case and there are a variety of matters your attorney should consider as soon as possible. Speedy Trial/Indiana Rules of Criminal Procedure 4 Under the United States and Indiana Constitutions, you have a right to a public and speedy trial, but that right is also part of…

Key Takeaways Rule 1.5 prohibits Indiana lawyers from charging an unreasonable fee. Time billed is only one factor in determining a reasonable attorney fee. Attorney experience may justify higher fees for complex matters. Flat fees stay fixed, while hourly fees vary with time worked. Clients may request an itemized billing statement to review attorney fees. Banks & Brower frequently hears from prospective clients comparing legal costs across multiple law firms before making a hiring decision….

Many crimes require what is known as “mens rea.” The literal translation of mens rea is “guilty mind.” In the realm of criminal litigation, mens rea essentially refers to a person’s criminal intent. Many crimes require the state to prove a defendant’s criminal intent as part of the elements of the crime charged. So what happens when there is activity that could be considered criminal, but the defendant, for whatever reason, did not act with…

An area of law that is frequently confused is the difference between the legal theory of accomplice liability and the crime of assisting a criminal.  While similar, it is important to understand that accomplice liability is a legal mechanism to hold all participants of a crime accountable.  Assisting a criminal, on the other hand, is its own crime that holds accountable those that help participants of a crime evade capture. Accomplice Liability The rationale behind…

Obviously, when a defendant pleads guilty in a criminal case, they understand they are going to be waiving certain rights, even some constitutional protections/rights. For example, most people know or assume that when they plead guilty to a criminal offense, they waive the right to remain silent. Clearly, in order to admit guilt in open court, one must waive their right to remain silent because they have to admit to what they did, audibly. That…