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  It goes without saying that the crime of rape is one of the most serious crimes in existence. In Indiana, the penalty range for rape can be anywhere from 3-40 years in prison. Notwithstanding the prison sentence, a rape conviction will carry a lifetime sex offender registry requirement as well as the label of being a sexually violent predator. The Indiana rape statute is found at IC 35-42-4-1, and it provides that: “(a)…a person…

In Indiana, solicitation of prostitution is a serious criminal matter. Facing such a charge can be overwhelming, and knowing what the law entails makes a huge difference for those who are unfamiliar with the legal process. At Banks & Brower, LLC, we are committed to providing careful legal support and representation tailored to the unique circumstances of each case. This post will clarify the offense, break down the law’s components in an understandable way, and…

If you’ve been involved in an accident- whether it’s a car crash, slip and fall, or workplace injury- your first priority should always be your health. Even if you feel “okay” at the scene, it’s critical to seek medical treatment as soon as possible. Prompt medical attention not only protects your well-being, but it also strengthens any personal injury claim you may pursue. At Banks & Brower, we’ve seen too many cases impacted by delays…

Many of our competitors have written blog posts listing the “best criminal defense attorneys in Indianapolis.”  Their self serving blog posts then create a list of local defense attorneys, and surprise surprise, they list themselves as the number one rated criminal defense attorney in Indianapolis. We believe you are smarter than that.  How self serving and gaming with Google can you be to create a “best” list, and then just put yourself at the top…

Circumstantial evidence is indirect evidence that suggests a fact through inference rather than directly proving it. What is circumstantial evidence? It is evidence that relies on a chain of reasoning to connect it to a conclusion about guilt or innocence, unlike direct evidence—such as eyewitness testimony. While some people may believe circumstantial evidence is inherently weaker, this is a misconception. Courts and juries frequently rely on circumstantial evidence to make decisions in criminal cases. At…

Have you been offered a diversion, and have no clue what it is or if you should accept it? You are not alone.   A diversion, in the simplest terms, is the State’s offering to withhold prosecution of a criminal offense for a time period as the parties agree to certain conditions that must be met, and if they are, a dismissal of criminal charges will follow. In other words: a diversion agreement is a conditional…

Key Takeaways The Fourth Amendment protects against unreasonable searches and seizures during traffic stops. Passengers may refuse identification without reasonable suspicion of a crime. Passengers have the right to remain silent under the Fifth Amendment. Passengers may leave a traffic stop if officers confirm they are not detained. Passengers may record police interactions if it does not interfere with duties. The Fourth Amendment to the United States Constitution states that every citizen shall enjoy the…

Like the sun rising each morning, each legislative session in Indiana brings a plethora of proposed bills to the floor for our legislators to consider.  While the vast majority of bills are not enacted, each year at least a handful impact the criminal justice system.  It is important for both citizens and criminal defense lawyers to stay knowledgeable of changes which may impact them, so this week’s blog from Banks & Brower highlights some of…