Criminal Law

Getting an expungement can be one of the greatest life-changing events for someone with a criminal history. Why? Because it often takes an eraser to your criminal past – allowing people to start anew and with a fresh perspective on life. We at Banks & Brower, LLC, as experienced expungement attorneys, love helping people through this process. It is incredibly rewarding to watch the positive effect an expungement can have. Sadly, the legislature has made…

When an individual is charged with a crime in the State of Indiana, his or her case is traditionally placed in the “adversarial” court system, where the State seeks to prove guilt and the Court oversees a sentence, if the State is successful. The adversarial system often includes contested hearings, discovery of evidence, and perhaps even a trial to resolve the case. However, these adversarial courts are not the only types of court in which…

  In Indiana, individuals are able to request civil protection orders against another individual if necessary, for certain purposes.  Indiana law allows a civil protection order to be put in place against another individual if certain thresholds are met.  Incidents involving unwanted physical contact, including cases where someone gets arrested for spitting, can serve as grounds for filing a protection order under Indiana law. When a confrontation occurs at home, answering the door for police…

Key Takeaways Indiana defines perjury as knowingly making a false material statement under oath or affirmation. Contradictory material statements in court or grand jury may constitute perjury. Perjury is a Level 6 felony under state law. Prosecutors must prove the speaker knew the sworn material statement was false. False testimony given under witness immunity may still support a perjury charge. Court testimony carries legal weight in Indiana. Statements made under oath influence criminal trials, civil…

Domestic battery is one of the most common criminal charges filed in Indiana.   There are several misnomers regarding the crime of domestic battery, and there are several ways in which the crime can be enhanced.  This blog will focus on what the crime of domestic battery is, and the various ways in which that the state might try to enhance it.   What is Domestic Battery?   The crime of domestic battery is defined by…

Key Takeaways Indiana law makes a person liable for knowingly or intentionally aiding another offense. Mere presence near a crime scene does not automatically create criminal responsibility. Penalties for aiding and abetting follow the classification of the underlying offense. Prosecutors must prove intentional participation in assisting criminal conduct. Aiding and abetting requires assistance tied to a completed offense during the act. Criminal charges in Indiana sometimes involve several people connected to a single event. Courts…

If you or your loved one is under the age of 18 and arrested or facing a criminal case, what happens now?  Unlike an adult, juveniles are handled differently when arrested for committing a criminal offense.   First, its not even called a criminal offense, it’s called an allegation of juvenile delinquency.  Almost all crimes that an adult would commit, when committed by a juvenile, will end up being handled in juvenile court.  There is an…

Key Takeaways A plea agreement resolves charges when a defendant accepts responsibility for concessions. Judges review plea agreements to confirm voluntary participation and understanding of waived rights. Indiana Rule of Criminal Procedure 3.3 allows guilty, not guilty, or mentally ill pleas. Charge bargaining reduces a criminal charge to a lesser offense. A guilty plea waives the right to a jury trial. Criminal charges move quickly through Indiana courts. Early hearings, evidence review, and negotiations between…