Criminal Law

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Should I Give a Statement to the Police if I’m Under Investigation?

Posted in On October 2, 2024 By Brad Banks

Perhaps you have received a call from a police officer or a detective asking you to come into the department to give a statement.  Another possibility is that a police officer or detective shows up to your home and asks you to answer some questions.  It could even be possible that law enforcement reaches out to you over the phone.  In all of these situations you may ask if you should cooperate and answer the…

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What Information Do Police Need to Obtain a Search Warrant?

Posted in On September 19, 2024 By Bill Frederick

The Fourth Amendment of the United States Constitution protects citizens from unreasonable searches, stating: “The right of the people to be secure in their person, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath and affirmation, and particularly describing the place to be searched, and persons or things to be seized.”  U.S. CONST.AMEND. IV. Therefore, if police wish to…

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The Use of Flock Cameras to Automatically Run License Plates in Indiana

Did you know that there are cameras installed throughout Indiana that are constantly taking photos of your car as it passes and the likes of hundreds and thousands of other cars’ license plates every few seconds? Did you also know this information is stored automatically in databases maintained by both private and public entities? Most people aren’t aware of that, and not surprisingly so. That’s because Indiana has very quietly joined the growing mass of…

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Dealing Marijuana in Indiana

Posted in On August 22, 2024 By Brad Banks

More and more states are legalizing the purchasing and selling of marijuana.  All across the country retail stores have popped up creating a huge legal industry selling pot in all types of strains and forms.  However, in Indiana dealing and possession of marijuana remain illegal. In today’s blog we look at the crime of Dealing in Marijuana in Indiana.  Indiana Code that addresses with Dealing in Marijuana is I.C. 35-48-4-10.  Indiana first defines what dealing…

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How does a police officer in Indiana get a search warrant?

Posted in On August 15, 2024 By Brad Banks

Many people are familiar with the term search warrant, but fewer know what it takes for a police officer to get one or how one is obtained.  This blog will take a look at the process of and requirements for obtaining a search warrant, as this often-used tool to gather evidence can be very important in a criminal case – both for the police, and for a defendant and his or her attorney.  Indiana statute…

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What Constitutes the Different Types of Battery?

Posted in On August 8, 2024 By Joe Wyckoff

In general, battery is when you touch another person in a rude, insolent, or angry matter. Even the most minimal touching of another person can be a battery depending on the context. The most basic example of battery could be if you are waiting in line for something, and someone cuts you, so you push them out of the line. Even if that’s all that happens, you could be charged with battery. This is a…

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Should I Pay My Loved One’s Bond or Hire a Lawyer First?

Which came first, the chicken or the egg? The age-old question to life. A close second has to be, “Should I pay the bond or hire a lawyer first?” 😊Honestly, it’s a question we get quite often at our office. At first blush, your first reaction might be to say bond should be paid first, obviously. After all, getting a loved one out of jail quickly is a priority, right? Not necessarily. Below is a…

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What Type of Jurors Will Decide My Case in a Jury Trial?

Posted in On July 9, 2024 By Bill Frederick

The Federal and Indiana Constitutions guarantee the right to an impartial jury for anyone accused of committing a crime.  The right to have an impartial jury, consisting of individuals within the community to decide guilt or innocence in a criminal trial, is one of the most sacred rights in the United States.  This blog will shed light on who is eligible to serve on a jury, and how a jury is ultimately selected to hear…

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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.