Criminal Law

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What is a Mistrial?

At this point, most people have heard about the Lindsey Clancy Trial.  As you may have heard, it ended in a mistrial.  So what exactly is a mistrial?  Well what it boils down to is that mistrial is a trial that could not be completed for some reason.  It is then essentially stopped and rescheduled. A mistrial can happen for a few reasons.  A common reason for a mistrial is that an attorney or witness…

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Criminal Recklessness in Indiana

Criminal Recklessness is a crime that is charged often in Indiana.  The idea behind criminalizing reckless behavior is that the public should be protected from careless actions that create a substantial risk of injury, even if no injury actually occurs.  In other words, the crime of criminal recklessness is aimed at punishing risky behavior, and not just the results from that behavior.   Criminal Recklessness is defined by I.C. 35-42-2-2.  The statute reads in part:…

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Crimes With No Statute of Limitations in Indiana

Crimes With No Statute of Limitations in Indiana

Posted in On August 26, 2026 By Banks & Brower

Key Takeaways Indiana law sets no filing deadline for murder charges, no matter how many years pass. Level 1 felony rape, involving deadly force or serious injury, also carries no filing deadline. Most felony offenses in Indiana carry a five-year filing window under existing state law today. Concealing evidence connected to a crime or fleeing the state can pause an existing filing deadline. DNA evidence can extend the filing window for certain rape cases beyond…

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Protected Person Hearing vs. Child Hearsay Hearing

The terms “protected person hearing” and “child hearsay hearing” refer to the same proceeding — both are names used interchangeably for the hearing conducted under I.C. 35-37-4-6. There is essentially no substantive legal distinction between the two terms; they both describe the statutory mechanism governing the admissibility of out-of-court statements by children and certain other vulnerable individuals in criminal proceedings. See, e.g., L.H. v. State, 878 N.E.2d 425, 428 (Ind. 2007) (where the court referred to this statute as the “protected person” or “child…

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EXTRADITION – The Uniform Criminal Extradition Act and Indiana Code 35-33-10-3

Social media influencer Andrew Tate was arrested in Miami, Florida on July 18, 2026.  Along with his brother Tristan, Andrew is detained in federal custody pursuant to extradition action.  This case is facilitated by the federal government of the United States at the request of the Crown Prosecution Service of the United Kingdom.  The Crown Prosecution Service has filed 59 combined charges against Andrew and Tristan Tate, including rape, sexual abuse and human trafficking.  Once…

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How To Know if a Case Being Built Against You in Indiana?

How To Know if a Case Being Built Against You in Indiana?

Posted in On August 12, 2026 By Banks & Brower

Key Takeaways Detectives often question your friends, family, or coworkers quietly while building a case. Subpoenas for phone, bank, or employment records often signal an active, confidential investigation. Indiana’s MyCase system shows only already-filed charges, not investigations that remain open. You retain the right to remain silent, even during informal police questioning. Documenting police contact and preserving records helps protect your position during an investigation. A knock at the door from a detective, an unusual…

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Intellectual Property Theft in Indiana

Intellectual Property Theft in Indiana

Posted in On August 3, 2026 By Banks & Brower

Key Takeaways Indiana treats unauthorized access to trade secrets or protected data as a Level 6 felony under state law. A Level 6 felony conviction can bring six months to two and one-half years in prison. Fines for a Level 6 felony conviction may reach ten thousand dollars in addition to prison time. Trade secrets, copyrighted works, and trademarks each face distinct forms of theft under Indiana law. Victims can pursue both criminal charges and…

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Romeo and Juliet Law in Indiana

Romeo and Juliet Law in Indiana

Key Takeaways Indiana’s Romeo and Juliet law is a statutory defense, not a standalone protection. The age of consent in Indiana is 16; conduct involving anyone younger may result in criminal charges. The defense requires the defendant to be under 21 and no more than four years older than the younger party. Force, coercion, drugs, or a position of authority over the younger person eliminates eligibility entirely. Sexual misconduct with a minor is a Level…

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Brad Banks who has more than 20 years of legal experience as a criminal defense attorney.