Criminal Law

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Criminal Contempt in Indiana

Most people familiar with the legal system (or who have seen any criminal show on TV), have heard of the word of “contempt.” Most people also know being held in contempt isn’t a good thing, obviously. Yet, what most people don’t realize is that there are multiple forms of contempt. Broadly speaking, there are two main types of contempt: civil and criminal. This blog will focus on the criminal form of contempt. But what is…

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How long will it take for my case to be resolved?

Posted in On May 16, 2024 By Bill Frederick

Facing criminal charges is an incredibly stressful situation.  A question that we often get from our clients is how long the process will take for a case to be completed.  The short answer is that there are many variables that go into a criminal case’s timeline, but generally speaking, most judges have expectations for how long cases should remain open. Misdemeanor and level 6 felony cases typically take anywhere from 30 days to 6 months…

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What is “reasonable parental discipline” in Indiana?

Posted in On April 25, 2024 By Joe Wyckoff

Those of us who grew up decades ago may recall that physical discipline of your children was more commonly accepted than it is today. You may hear that, if you use physical discipline against your children, you can be charged with “Battery on a Child”. Some parents go by the old standard of “if it doesn’t leave a mark”. In Indiana, it is recognized that there is a defense to this charge called “reasonable parental…

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What are the Potential Consequences of Growing Marijuana in Indiana?

Posted in On April 18, 2024 By Bill Frederick

The legalization of marijuana continues to spread across the United States.  Although possession of marijuana is still illegal in Indiana, all of Indiana’s neighboring states have legalized marijuana either recreationally or medically.  In fact, at the time of this writing, only 6 states currently have no legal avenue in which to consume THC, the mind altering ingredient in marijuana.  With the widespread legalization of marijuana, there has developed a massive interest in growing and cultivating…

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Can I be Convicted on Witness Testimony Alone? 

Many times a week, people call our office stating that they were either convicted of or are facing charges that stem from only a single person’s testimony against their own. They will often say things like: “there is no evidence, just one person’s word vs. mine, so it should be thrown out, right?” or “I can’t be convicted without some other physical evidence, right?” While common sense may lead you to believe that or that…

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Level of Charge Fine & Sentence Chart

If you have any questions, don’t hesitate to contact the criminal defense attorneys at Banks and Brower at (317) 526-4630 or [email protected].

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Can I be Charged just for Driving with Marijuana in my System in Indiana?

Posted in On March 19, 2024 By Brad Banks

Marijuana legalization has surged around the country, including in states surrounding Indiana.  Many people who utilize marijuana legally outside the state often have concerns about whether they could be charged with and convicted of an operating while intoxicated offense in Indiana based solely on the presence of marijuana (or its metabolites) in their blood.    Indiana law currently criminalizes operating a vehicle with a controlled substance listed in schedule I or schedule II or its…

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Considerations in Sentencing

Posted in On March 5, 2024 By Joe Wyckoff

There are many occasions over the course of criminal cases where the Judge gets to decide what the sentence will be. If someone loses a trial, then the judge can sentence someone to whatever they want within the range of sentences prescribed by statute. For example, if someone is convicted of a Level 5 Felony after a trial, they can be convicted of anything between 1 and 6 years, with an advisory sentence of 3…

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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.