Criminal Law

Key Takeaways Criminal Rule 4 sets deadlines for bringing Indiana criminal defendants to trial. Defendant-requested continuances generally do not count toward Criminal Rule 4 deadlines. Defendants in jail must generally receive trial or release within 180 days. An early trial request generally requires trial within 70 days or release. Defendants not in jail may seek dismissal if trial exceeds one year without defendant-caused delay. Banks & Brower, an Indianapolis Criminal Defense Attorneys has represented Indiana defendants…

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…

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…

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 &…

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…

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…

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…

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…