The fundamental right to trial is something that is guaranteed and enumerated in the constitutions of both the US and Indiana, respectively. Most people know this like the back of their hand — should you or a loved one be charged with a criminal offense, almost everyone knows to plead the fifth, ask for a lawyer, and never confess. However, people often think that criminal trials are very common and happen in most cases as…
A Class 6 felony charge is the least serious type of felony charge one can face in Indiana, but it still comes with some serious consequences that can impact one’s life. So, what is a Class 6 Felony? In Indiana, felonies are divided into six classes with Level 6 being the least harsh. Though, of lesser severity as Level 1 to Level 5 felonies, a conviction for Level 6 felony may result in imprisonment, fines as well…
“Possession is nine-tenths of the law” is a very familiar saying, but you may not know that there are different types of possession. The two main types of possession recognized under federal law and in practically every state are actual possession and constructive possession. These concepts are not statutorily proscribed but instead have evolved through case law. Moreover, these types of possession apply not only to drugs, but to any item that may be deemed…
In Indiana, Level 5 felonies are among the most serious charges within the state’s classification and penalization. Possible results include imprisonment, large fines, and an additional lifelong criminal record. Offenses could be fraud, theft, or drug-related. With Banks & Brower, we understand the complications within Indiana’s legal system. We are here to assist you with knowledgeable, well-educated defense methods. Potential Imprisonment for Indiana Level 5 Felonies How many years is the imprisonment for a Level…
Criminal cases can sometimes involve defendants that are mentally disabled, but not to the extent that they are excused for their crimes. However, the State legislature has acknowledged the fact that sometimes the Courts need more sentencing options for these types of defendants. Often, prison or other traditional sentencing options are not appropriate for a mentally disabled defendant. Defendants in this category would frequently benefit from services in the community, specifically tailored to their disability….
In Texas, misdemeanors can be expunged after a waiting period: 180 days for Class C and 1 year for Class A or B. The process includes filing a petition, attending a court hearing, and waiting for the judge’s order and record removal. This can take months, and consulting a criminal defense lawyer can help determine eligibility. Any person who has been arrested or convicted of a crime may want to have their Indianapolis criminal record…
Reasonable doubt is a legal standard in criminal cases, requiring the evidence to be so convincing that a reasonable person would not hesitate to act. This high standard protects defendants, as the prosecution must prove guilt beyond a reasonable doubt—though not to absolute certainty. In contrast, civil cases use lower standards like “preponderance of the evidence” or “clear and convincing evidence.” Anyone and everyone that has ever watched a crime show on TV can tell…
Concurrent means sentences are served at the same time, while consecutive means they are served one after another. For instance, a concurrent sentence allows someone convicted of multiple crimes to serve all punishments simultaneously. In contrast, a consecutive sentence requires serving time for each conviction sequentially. Judges decide based on factors like the severity of the crimes, the defendant’s history, and public safety. I.C. 35-50-1-2 When Defendants are sentenced in criminal cases often there are…