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While many states have started legalizing marijuana to different degrees, Indiana still punishes all forms of possession or dealing marijuana as a criminal violation.  The legislature has lessened the penalties over the year, but it still remains a crime to possess or deal in marijuana. So, for today’s blog we take a look at the laws that are currently in effect in Indiana regarding marijuana.  We will start by taking a look at Indiana Code…

A Quick Guide to Reading and Understanding an Affidavit for Probable Cause in a DUI Being pulled over by a police officer for any reason is a stressful event. However, multiply that anxiety by 10 if you are being pulled over when you know you are operating a vehicle while over the legal limit and facing a DUI. If you have faced that situation, you inevitably have been subject to criminal prosecution. We have written…

One of the most frequently asked questions by separated parents is – “When will I be able to see my children?”  When parents cannot otherwise agree, the Indiana Parenting Time Guidelines (the “Guidelines”) set out the minimum standards for parenting time for the non-custodial parent.  The Guidelines set out a regular schedule, a holiday schedule, as well as extended parenting time.  The Guidelines are in place to make sure that each parent has the ability…

Can Community Corrections Take Away Credit Time on Violations? Recently in Richard Shepard v. State of Indiana, under case number 84S01-1704-CR-00190, the Indiana Supreme Court ruled that the director a Community Corrections program lacked the authority to deprive a defendant’s good time credit. In 2013, Shepard pleaded guilty to dealing in cocaine as a class B felony and, in exchange, received an 11-year sentence in the DOC with 900 days total credit, including 450 days…

Certain counties around the state have put extensive time and resources into developing problem solving courts to help come up with creative solutions to criminal issues in our society. These courts are built around rehabilitation rather than punitive punishment to help give a different approach to certain types of crimes and situations such as drug, mental health, and veteran type issues. Although most of these programs have strict rules on eligibility, if you can get…

Surprisingly, one of the most common phone calls we receive as defense attorneys at Banks & Brower is that of a victim wanting to drop charges against a defendant and/or looking to hire us to help the defendant. And, even more unsurprisingly, as former prosecutors, these calls made up probably 50% of the calls we received when we worked for the state of Indiana. Why are they so common? The answer probably lies in the…

What Constitutes Neglect of a Dependent? Indiana’s neglect of a dependent statute (I.C. 35-46-1-4) reads in pertinent part: A person having the care of a dependent, whether assumed voluntarily or because of a legal obligation, who knowingly or intentionally: Places the dependent in a situation that endangers the dependent’s life or health; Abandons or cruelly confines the dependent; Deprives the dependent of necessary support; or Deprives the dependent of education as required by law; Commits…