Criminal Law

  It goes without saying that the crime of rape is one of the most serious crimes in existence. In Indiana, the penalty range for rape can be anywhere from 3-40 years in prison. Notwithstanding the prison sentence, a rape conviction will carry a lifetime sex offender registry requirement as well as the label of being a sexually violent predator. The Indiana rape statute is found at IC 35-42-4-1, and it provides that: “(a)…a person…

Many of our competitors have written blog posts listing the “best criminal defense attorneys in Indianapolis.”  Their self serving blog posts then create a list of local defense attorneys, and surprise surprise, they list themselves as the number one rated criminal defense attorney in Indianapolis. We believe you are smarter than that.  How self serving and gaming with Google can you be to create a “best” list, and then just put yourself at the top…

Circumstantial evidence is indirect evidence that suggests a fact through inference rather than directly proving it. What is circumstantial evidence? It is evidence that relies on a chain of reasoning to connect it to a conclusion about guilt or innocence, unlike direct evidence—such as eyewitness testimony. While some people may believe circumstantial evidence is inherently weaker, this is a misconception. Courts and juries frequently rely on circumstantial evidence to make decisions in criminal cases. At…

Have you been offered a diversion, and have no clue what it is or if you should accept it? You are not alone.   A diversion, in the simplest terms, is the State’s offering to withhold prosecution of a criminal offense for a time period as the parties agree to certain conditions that must be met, and if they are, a dismissal of criminal charges will follow. In other words: a diversion agreement is a conditional…

Key Takeaways The Fourth Amendment protects against unreasonable searches and seizures during traffic stops. Passengers may refuse identification without reasonable suspicion of a crime. Passengers have the right to remain silent under the Fifth Amendment. Passengers may leave a traffic stop if officers confirm they are not detained. Passengers may record police interactions if it does not interfere with duties. The Fourth Amendment to the United States Constitution states that every citizen shall enjoy the…

Like the sun rising each morning, each legislative session in Indiana brings a plethora of proposed bills to the floor for our legislators to consider.  While the vast majority of bills are not enacted, each year at least a handful impact the criminal justice system.  It is important for both citizens and criminal defense lawyers to stay knowledgeable of changes which may impact them, so this week’s blog from Banks & Brower highlights some of…

On January 11, 2023, Chief Justice Loretta Rush reported in her State of the Judiciary to the Indiana legislature that there were 36,000 pending new Protection Orders in our courts.  In today’s blog we discuss a basic introduction to the Protection Order process, and the due process that you should receive as either a person petitioning the court for protection, or the person whose freedom is being restrained by the order. The Act is intended…

For parents, the news of a child’s arrest can be terrifying and disorienting. You may be asking yourself what the options are when your child gets in trouble. Unlike the adult criminal justice system, Indiana’s juvenile law prioritizes rehabilitation over punishment. However, that doesn’t mean the process is without serious consequences, particularly when it comes to juvenile detention. Understanding the immediate legal procedures and rights involved is crucial for any family facing this challenging situation….