Many times a week, people call our office stating that they were either convicted of or are facing charges that stem from only a single person’s testimony against their own. They will often say things like: “there is no evidence, just one person’s word vs. mine, so it should be thrown out, right?” or “I can’t be convicted without some other physical evidence, right?” While common sense may lead you to believe that or that…
If you have any questions, don’t hesitate to contact the criminal defense attorneys at Banks and Brower at (317) 526-4630 or info@banksbrower.com.
Marijuana legalization has surged around the country, including in states surrounding Indiana. Many people who utilize marijuana legally outside the state often have concerns about whether they could be charged with and convicted of an operating while intoxicated offense in Indiana based solely on the presence of marijuana (or its metabolites) in their blood. Indiana law currently criminalizes operating a vehicle with a controlled substance listed in schedule I or schedule II or its…
There are many occasions over the course of criminal cases where the Judge gets to decide what the sentence will be. If someone loses a trial, then the judge can sentence someone to whatever they want within the range of sentences prescribed by statute. For example, if someone is convicted of a Level 5 Felony after a trial, they can be convicted of anything between 1 and 6 years, with an advisory sentence of 3…
Hearsay is a fundamental legal concept that plays a crucial role in the justice system. It refers to the introduction of out-of-court statements or declarations as evidence in court proceedings. The rationale behind the hearsay rule is to ensure the reliability and credibility of the evidence presented, promoting fair trials and justice. In this blog, we will delve into the nuances of hearsay, its definition, exceptions, and the impact it has on legal proceedings. Definition…
When a subpoenaed witness does not appear for trial, it puts the prosecution in a bind. The defendant has the right to confront and cross examine all witnesses testifying against them. When a witness does not appear for trial, or refuses to testify at trial, the prosecutor can be hard-pressed to get the witness’ out of court statements into evidence. This blog will examine the two hurdles the State must overcome to use a witness’…
I.C. 35-50-1-2 When Defendants are sentenced in criminal cases often there are multiple counts as part of the same case and/or multiple cases being wrapped up all at once. Whether it be by plea agreement or post-conviction at trial, the issue of consecutive (one after the other) or concurrent (running together) sentencing is often raised and becomes important. According to IC 35-50-1-2, generally speaking, unless the parties are in agreement to the contrary as part of…
Effective January 1, 2024, Indiana’s Rules of Criminal Procedure underwent a significant overhaul. The Indiana Supreme Court approved the new Rules of Criminal Procedure after a yearslong process of study, proposed rules, commentary, and deliberation by stakeholders in the criminal justice system. The new rules should be of great benefit to both criminal defendants and their attorneys, as they largely standardize practice in courts across the State of Indiana. In updating the Rules of Criminal…