Realizing a check you’ve written has bounced can send anyone into panic mode. Maybe the account balance was off, or a deposit hadn’t cleared in time—but the notice from the bank feels the same either way. At Banks & Brower, we regularly hear the same question from clients across Indianapolis: “Is writing a bad check a felony?” The answer depends on more than the amount on the check. It turns on what prosecutors believe about…
There may come a time when you think to yourself, am I able to get a power of attorney over a loved one? While the answer to that question is no, there is another tool that you may be able to pursue if your loved one is not competent to make decisions involving their healthcare or financials. That option could be filing a petition with a court to ask that a guardian be appointed over…
In Indianapolis, law enforcement officers can briefly detain you based on reasonable suspicion of criminal activity, even without concrete evidence. However, this detention has strict time limits. Indiana law permits police to detain you briefly while investigating suspected criminal conduct. If authorities lack probable cause to arrest you, they must either let you go or bring formal charges within 48 to 72 hours of your detention. Understanding how long can police detain you without probable…
Getting pulled over after having a few drinks is a nightmare that many Hoosiers have unfortunately endured. The interactions with the police officer, the barrage of confusing field sobriety tests, and blowing into a portable breath test all combine to make an incredibly stressful situation. And, after all of these events, the officer will ask a question with wide ranging repercussions. The officer will ask if you will consent to a certified breath or blood…
Drunk driving, or driving under the influence (DUI), is a serious offense. Law enforcement agencies employ various tools and procedures to detect and prosecute individuals who operate vehicles while impaired by alcohol. Two common methods used in DUI cases are certified chemical tests and portable breath tests (PBTs). While both are aimed at determining blood alcohol concentration (BAC), they serve different purposes and have distinct characteristics. In this article, we’ll delve into the disparities between…
This system was developed to monitor and identify people who need to improve their driving habits and to provide requirements for suspending driving privileges. If you or anyone you know has an Indiana license and has received a traffic ticket, whether in Indiana or another state, then there is a good chance it is for a violation that would cause points to be assessed to your driving record. Call the experienced traffic law attorneys at…
If you’ve been injured in an accident – whether in a car crash, a slip and fall, or another type of incident – one of the most important things you can do is document your injury claim properly. The strength of your evidence often determines the size of your settlement or verdict. Insurance companies look for any reason to minimize or deny your claim, so detailed, organized documentation can make all the difference. Here’s how…
By the very nature of the types of cases that misdemeanors are, they are the most common type of criminal charges that are filed. These include DUI, battery, public intoxication, theft, shoplifting and possession of marijuana, among others. We are often asked do I need to hire an attorney for my misdemeanor and here are 5 reasons why you most likely would want to hire an attorney when facing a misdemeanor criminal…
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.