If you have picked up a new criminal case that is a very scary and daunting event. You are worried about your freedom, your right to bear arms, if you’re facing a felony having a record that will greatly limit you; overall it is just a very stressful and frightening situation. One of the more difficult decisions you will have to make is how to resolve your case. That can be by a plea agreement,…
Operating a Vehicle While Intoxicated (OVWI) is one of the most frequent crimes charged in Indiana. While it is never a good idea to get behind the wheel after drinking alcohol to the point of intoxication, many people think that motorized scooters or bicycles are a safe, legal way to get home after a day (or night) of drinking. The question becomes, then, is it possible to get an OVWI on a scooter or bicycle? …
In criminal law, almost everyone realizes that police officers cannot search people or places on a hunch without probable cause or a search warrant. Part and parcel to this common knowledge is the expectation from the average person that in order to search a person or property the police should be required to have a warrant. And, while that is true for many situations, what most people don’t realize is that there is a myriad…
For any defense attorney that practices criminal law around the State of Indiana, there are unique differences to each County, especially when it comes to how quickly they receive discovery. Often, some of the State’s busiest counties experience significant delays in providing discovery. The classic examples are an OVWI case where the State takes more than a year to provide lab results, or a shooting case where the State takes more than a year to…
Almost every client we have had at our firm asks whether there is a “trial tax” if they decide to take their case to trial and lose. Put more simply, they want to know if their punishment will be harsher if they lose after trial. While the obvious answer is, “there shouldn’t be a trial tax and constitutionally there cannot be,” the truth isn’t quite so straight forward. Knowing this can drastically change a defendant’s…
As a general rule, the State has one year from the date charges are filed, or from the date an arrest is made (whichever is later) to bring someone to trial. Rule 4 of Indiana Criminal Procedure specifies circumstances in which individuals can be released from custody and how their cases can be dismissed when a prolonged delay is attributable to the State. Subsection (A) of Rule 4 addresses defendants in jail specifically. This portion…
If you have been arrested or charged with a crime you may be wondering what are the different options my attorney may have to defend me in my case. In today’s blog we look at some of the most common defenses utilized in defending against a criminal charge. These are some of the most commonly used defenses, however this list is not exhaustive. If you or a loved one has been charged with a crime…
Indiana Code 34-26-5-2 outlines the requirements for obtaining a protective order, also known as a restraining order, in Indiana. Protective orders are legal orders issued by a court to protect individuals who have experienced domestic or family violence against a: A parent, guardian, or another representative may file a petition for an order of protection on behalf of a child against a: To obtain a protective order under Indiana Code 34-26-5-2, the petitioner must file…
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.