Criminal Law

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How long will it take for my case to be resolved?

Posted in On May 16, 2024

Facing criminal charges is an incredibly stressful situation.  A question that we often get from our clients is how long the process will take for a case to be completed.  The short answer is that there are many variables that go into a criminal case’s timeline, but generally speaking, most judges have expectations for how long cases should remain open. Misdemeanor and level 6 felony cases typically take anywhere from 30 days to 6 months…

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Understanding the Difference Between Certified Chemical Tests and PBTs in Drunk Driving Cases

Drunk driving, or driving under the influence (DUI), is a serious offense. Law enforcement agencies employ various tools and procedures to detect and prosecute individuals who operate vehicles while impaired by alcohol. Two common methods used in DUI cases are certified chemical tests and portable breath tests (PBTs). While both are aimed at determining blood alcohol concentration (BAC), they serve different purposes and have distinct characteristics. In this article, we’ll delve into the disparities between…

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What is “reasonable parental discipline” in Indiana?

Those of us who grew up decades ago may recall that physical discipline of your children was more commonly accepted than it is today. You may hear that, if you use physical discipline against your children, you can be charged with “Battery on a Child”. Some parents go by the old standard of “if it doesn’t leave a mark”. In Indiana, it is recognized that there is a defense to this charge called “reasonable parental…

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What are the Potential Consequences of Growing Marijuana in Indiana?

The legalization of marijuana continues to spread across the United States.  Although possession of marijuana is still illegal in Indiana, all of Indiana’s neighboring states have legalized marijuana either recreationally or medically.  In fact, at the time of this writing, only 6 states currently have no legal avenue in which to consume THC, the mind altering ingredient in marijuana.  With the widespread legalization of marijuana, there has developed a massive interest in growing and cultivating…

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Can I be Convicted on Witness Testimony Alone? 

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…

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Level of Charge Fine & Sentence Chart

If you have any questions, don’t hesitate to contact the criminal defense attorneys at Banks and Brower at (317) 526-4630 or

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Can I be Charged just for Driving with Marijuana in my System in Indiana?

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…

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Considerations in Sentencing

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…

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