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Sentencing: Senate Bill 64- Sentence modification: Courts must advise a defendant, before accepting a guilty plea, that the court will be bound by terms of a plea agreement both at the time of sentencing and with respect to sentence modification. Provides that a court may not reduce the sentence if it was not authorized by the plea agreement. The prohibition to include a waiver of the right to sentence modification in a plea agreement does…

Alcohol & Drug Laws: Senate Bill 13- Administration of overdose intervention drugs: Community corrections officers and probation officers may administer an overdose intervention drug, for which they will have to report its use to the emergency ambulance service responsible for reporting the use to the Indiana emergency medical services commission. The persons permitted to administer an overdose intervention drug must receive education and training on drug overdose response and treatment, and will benefit from civil…

Every July, the Indiana legislature adds new laws to our books.  Here at Banks & Brower we have provided a summary of the new Sex offenses laws that affect the area of criminal law. Sex offenses: Senate Bill 264: “Rape kits” are the standard medical forensic examination kits for victims of a sex crime developed by the state police department. The statewide sexual assault response team advisory council must prepare a report regarding the feasibility…

Legal Separation in Indiana – Are you thinking about divorcing your spouse?  Is divorce something that is either impossible or improbable?  What are your options?  There are other options besides pursuing a divorce.  You can, instead, file a legal separation from your spouse.  You can do this when you don’t want a divorce, but you cannot currently live with your spouse. You may be wondering what the difference is between divorce and legal separation.  They…

Can Consuming CBD Oil Result in a DUI in Indiana? As of July 1, 2018, the Indiana General Assembly has put into law language that allows for Hoosiers to possess cannabidiol (or CBD) oil for recreational use or dietary consumption.  Under Indiana Code (IC) 35-48-1-17.5, Hoosiers are allowed to possess “low THC hemp extract” products which are defined as being “derived from Cannabis sativa L.” OR “contain[ing] not more than 0.3% delta-9-THC (including precursors).”  In…

A Look at Indiana Senate Bill 98 – Specialized Driving Privileges – Under state law, Indiana courts can order the Bureau of Motor Vehicles (BMV) to suspend a person’s driving privileges (driver’s license) for certain reasons.  Also, state law requires the BMV to suspend a person’s driver’s license for certain violations.  However, Indiana law says that some people under certain circumstances can be granted “specialized driving privileges” (SDP). An SDP is similar to what used…

A Quick Guide to Lifetime Sex Registry in Indiana When you are facing a sex crime allegation, the stakes are incredibly high. Be it from a risk of significant time in jail, to high fines, to the sex registry, to the social stigma of the conviction, sex crimes are often thought of as the one of, if the not the most significant, charges you can face. As such, without question, the sex registry is one of…

Charging Parents with a Crime when Kids use their Parents’ Guns Unlawfully Recently, there have been shootings by minors in public areas such as schools. Because one has to be eighteen and have a permit to carry a gun, some of these minors possess firearms from their parents. One of the questions surrounding this issue is what can parents be charged with if their child possesses and uses their firearm to commit a crime, without…