Criminal Law

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To Jury or Not to Jury? Weighing Your Criminal Case Options in Indiana

Posted in On March 14, 2025 By Brad Banks

Facing criminal charges in Indiana is a daunting experience. One of the most critical decisions you’ll make is whether to take your case to a jury trial or opt for a bench trial (where a judge decides your fate). This isn’t a one-size-fits-all answer, and understanding the positives and negatives of each option is crucial for making an informed choice.  The Jury Trial: A Right and a Gamble  In Indiana, as in the rest of…

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The Impact on Technology and How It Makes Co-Parenting Easier

Posted in On March 6, 2025 By Romy Elswerky

Technology has advanced in all aspects of life.  From radios to televisions to computers to cell phones, we see the impact of technology and how fast it has evolved.  Many of these advancements have made our lives, our work, and our schooling easier and more efficient.  It has also made co-parenting easier, as well.   It was not too long ago that when divorced parents or parents who were not together wished to communicate with…

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How Long After a Plea Deal is Sentencing

How Long After a Plea Deal is Sentencing

One of the most pressing questions a defendant faces in the legal system is: How long after a plea deal is sentencing? The time between accepting a plea bargain and sentencing can vary significantly based on court schedules, case complexity, and other local legal factors. The process may take anywhere from a few weeks to several months, depending on the specifics of the case and the efficiency of the courts in Indianapolis. At Banks &…

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How to beat a possession charge in Indiana?

For those facing a possession charge in Indiana, this can lead to feeling overwhelmed; however, there are legal defenses available when faced with such a charge. How to Beat Possession Charge in Indiana If you are wondering how to beat a possession charge in Indiana, Banks & Brower has outlined everything you need to know, from key concepts to possible defense strategies and why you should consider hiring an attorney to help. What is Possession? Under Indiana…

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Do you have to report a DWI to your employer

Do you have to report a DWI to your employer

It all depends on your profession, company policy, and legal requirements. Receiving a DWI may be an insurmountable situation, partly because most employees do not know whether or not to report the incident to their employers. If you ask yourself, “Do you have to report a DWI to your employer?”—this guide will help clarify things. At Banks & Brower, we have years of experience guiding Indianapolis clients and addressing these nuanced situations. Below, we’ll explore…

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What does it mean if my sentence is non-suspendible?

Posted in On February 6, 2025 By Eric Massey

Indiana law has long classified certain sentences as “non-suspendible.”  What does non-suspendible mean, you may be wondering.  A suspended sentence is one which is formally imposed but not required to actually be served.  An executed sentence is one in which a person is committed to the Department of Correction.  And in some circumstances, the Indiana legislature has determined that a court is without power to suspend some portion of sentence. Generally speaking, Indiana law allows…

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Refusing a Certified Chemical Test: License Consequences in Indiana

Posted in On January 31, 2025 By Bill Frederick

Operating a Vehicle While Intoxicated (OVWI) is one of the most common crimes that people are charged with.  Most of us have unfortunately made the choice to get behind the wheel after having a few drinks.  The nightmare scenario under those circumstances is getting pulled over and becoming the target of an OVWI investigation.   While there are several steps to an OVWI investigation, arguably the most impactful occurs when the police officer offers the suspect…

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What is a Diversion Agreement?

What is a Diversion Agreement?

Diversion is a program that postpones the prosecution of criminal charges for a set period (usually one year). If all the program’s terms are met during this time, the charges may be dismissed. Many people who have committed their first criminal offense find themselves eligible for a diversion. A diversion is an agreement between the State and a criminal defendant that essentially says, “If you pay a fee and do either some community service or…

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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.