The right to a fast and speedy trial can be found in Indiana Criminal Rule 4 which exists to enforce the state constitutional guarantee of a speedy trial. The rule typically applies to individuals in jail but in certain circumstances can apply to those who have been bailed or released on their own recognizance. However, there are a few different subsections of the rule that apply to various situations differently which this article will seek…
Many times, when we are hired as defense attorneys on criminal cases, clients often ask, is it possible to get my case dismissed? While the answer is often “it depends,” there are a lot of factors and strategies that go into whether or not to pursue that course of action. So, what are the five most common ways to get a case dismissed? Below is our list. While it isn’t all-encompassing, these five areas are…
Indiana is home to several events that draw large crowds. Whether it be a concert, festival, work conference or sporting event, Indiana has no shortage of activities that bring in out of state visitors. There are several cities and neighborhoods in Indiana that contain amazing restaurants and exciting nightlife. Sometimes, this can lend itself to trouble. The following situation has played out countless times: An individual is in downtown Indianapolis for an event and has…
It has been extremely hot and humid this summer in Indiana. Luckily, there are a few bodies of water in the central Indiana area that you can jump in and cool down in (Morse Reservoir, Geist Reservoir, or the White River). Before you try to find a way to cool down, the DUI attorneys at Banks & Brower want to share a little bit of information with you. Boating Laws Boating is one of the…
The Indiana legislature has once again expanded the expungement laws in the state and are now allowing individuals to petition to expunge protection orders pursuant to Indiana Code 34-26-7.5 et seq. First, a protection order is a tool that is used by the courts in an effort to protect an alleged victim of domestic or family violence, a sexual offense, or stalking. With the protection order, the court can order someone not to contact another…
For anyone, a DUI conviction has complications that spread far and wide. Whether you lose your license for a period, to your insurance rates rising steeply, to criminal penalties, DUI’s have lasting impacts. Yet, those pail in comparison to punishments CDL holders receive from DUI’s. For CDL drivers, their licenses mean more than anything. After all, without a license, they can’t drive — if they can’t drive, they can’t work — if they can’t work,…
The two main questions most people have when facing criminal charges is what potential penalties am I looking at and how can I help myself between now and the conclusion of the case. Factors That Go Into a Prosecutor’s Decisions In Indiana, prosecutors have complete discretion as to what they will offer individuals via plea agreement. A variety of factors go into a prosecutor’s decision on whether or not to offer a reduced term plea…
That seems to be a question that we hear more and more from potential clients. First, it is important to define what it means when parental rights are terminated. If parental rights are terminated it means that a parent no longer has any legal, social, or financial responsibility for the child. The parent would have no right to custody or visitation with the child, nor would they have a financial responsibility to support the child. …
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.