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The Fifth amendment right against self-incrimination was made famous in the Supreme Court’s decision in Miranda v. Arizona.  This case set out the framework for the now well known “Miranda warning.”  This warning should be read to individuals that are (1) in police custody and (2) subject to police interrogation.   Most people are familiar with the following advisement derived from Miranda: “You have the right to remain silent.  Anything you say can and will be…

On any sex-related offense in the state of Indiana where a defendant is placed on probation, barring some extremely limited circumstance, there are always Indiana Special Probation Conditions ordered for Adult Sex Offenders. That leaves a lot of people asking themselves what is required of them while on sex-based probation. While many of the same conditions of probation for general probationers are the same, typically there are additional, more intrusive restrictions placed on Adult Sex…

I.C. Code Offense Special Circumstances 35-4—4-1 Rape None 35-42-4-3 Child Molest Must be a Class A or B felony(under old law) or level 1, 2, 3 or 4 felony under the current law. 35-42-4-5 Vicarious Sexual Gratification, Fondling in Presence of Minor This statute includes causing or directing a minor to fondle their own person, encouraging or causing a minor under 16 to have intercourse with another minor under 16, or an adult fondling themselves…

In order for the State of Indiana to meet their burden of “beyond a reasonable doubt” they often have to rely upon the testimony of witnesses as to what they heard, saw, or otherwise experienced through their senses.  From a constitutional standpoint, this testimony is generally requiring the witness to appear in court so that an individual can “confront and cross-examine” (Sixth Amendment to the U.S. Constitution) or otherwise meet them “face-to-face” (Article I, Section…

We take calls all the time from people who have gotten their license in a mess and need help digging out of the hole and back to driving. This article will take an in-depth look into the “Why” of the BMV. First, Indiana separates suspensions by discretionary and mandatory suspensions. By statute, a court is allowed to impose a license suspension for any conviction in which the operation of a vehicle is an element of…

As criminal defense attorneys, we have handled hundreds, if not thousands, of sentencing hearings. And, depending on the circumstances, we may choose to call our client to the stand to testify on their own behalf, or, in the alternative, may ask them not to say a single word. Why? Because each and every case is different. Outcomes are sometimes decided in advance. Sometimes there are times when hearing from the defendant is essential. So, when…

Banks & Brower, LLC strongly encourages community involvement. Luckily, there are several avenues open to people in order to make an impact in their community. One way you can get involved in your community and play an active role is by voting. Get out and vote for the candidate who will fix the potholes (we all know this one is much needed), one who wants to preserve history while growing their community in an appropriate…

This is one of the most common questions that we are asked when we are meeting with a new client.  The short answer, like almost all answers in the legal world, is that it depends.  In today’s blog we will look at the factors a prosecutor will consider in deciding whether they think you should have to do jail time as part of your possible punishment for a criminal charge.  It should be noted this…