Criminal Law

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What is a Split Sentence?

What is a Split Sentence?

Split Sentence is a type of criminal sentencing where a defendant serves part of their time in jail or prison, followed by probation or supervised release. This approach balances punishment with rehabilitation, helping individuals reintegrate into society under strict oversight. At Banks & Brower, located at 8770 Purdue Road in Indianapolis, our experienced attorneys are dedicated to securing fair outcomes for our clients and their families. What is Split Sentencing in an Indianapolis Criminal Case?…

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Common Defenses to Dealing Cases

Posted in On November 25, 2024 By Brad Banks

If you or a loved one has been charged with a dealing in drugs case, it can be an extremely scary and intimidating process. From understanding the nuances of possession versus dealing to navigating the potential consequences of cultivating substances like marijuana, these situations require careful legal evaluation. This includes being charged with dealing in marijuana, dealing in a narcotic drug, dealing in cocaine, dealing in heroin, dealing in meth, or any of the multitude…

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Burglary, Robbery, Theft, and Conversion what’s the Difference?

Posted in On November 7, 2024 By Joe Wyckoff

In the realm of property crimes, the terms robbery, burglary, theft, and conversion are often confused and used interchangeably. However, each of these crimes has its own unique definitions, characteristics, and penalties, which is why understanding the differences between these crimes is crucial. This blog explores those distinctions. Burglary Under Indiana Code 35-43-2-1, burglary is defined as the act of breaking and entering the building or structure of another with intent to commit a felony…

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Financial Crime Involving Care of an Elder

Posted in On October 24, 2024 By Joe Wyckoff

In Indiana, there is a crime called “Financial Exploitation of Endangered Adult”. It is codified under Indiana Code 35-46-1-12. The most common situation is when someone is taking care of an elderly parent. Sadly, sometimes as a parent ages, they can lose the ability to control their own finances and decision-making. This is especially true in cases of Alzheimer’s and Dementia. A common remedy is that the elderly person can appoint one of their children…

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What is an Interlocutory Appeal in a Criminal Case?

Posted in On October 10, 2024 By Bill Frederick

When people think of an appeal in a criminal case, typically they are thinking of an appeal of the final judgement, or outcome.  An interlocutory appeal, however, occurs while the case is pending.  An interlocutory appeal targets a ruling of the trial court judge before the case goes to trial.  Indiana Rule of Appellate Procedure 14 lays out the framework for when interlocutory appeals are appropriate. Indiana Rule of Appellate Procedure 14 spells out two…

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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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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.