Criminal Law

There are several different types of criminal offenses that can be enhanced if an individual is charged with a subsequent similar case.  For example, if someone is accused of shoplifting, and the total value of the items are less than $750, the person will be charged with theft, a class A misdemeanor.  If the individual is convicted, and is later charged with another shoplifting offense, the new charge will be enhanced to a level 6…

Protective Orders and No Contact Orders have certain similarities, but they are not the same. There are several significant distinctions between the two, including variations in the procedures for obtaining orders, the periods of time during which they provide protection, the restrictions they impose, and the procedures for removing them. What is a No Contact Order? (Indiana Code 35-33-8-3.6) No Contact Orders are issued by a judge through criminal cases. For instance, when there is…

A home is someone’s most intimate and familiar place.  Home is supposed to be where a person should feel safe.  As such, the 4th Amendment to the United States Constitution protects individuals from unreasonable searches and seizures by the government.  The Fourth Amendment stands for “the right of a man to retreat into his own home and there be free from unreasonable governmental intrusion.”  Silverman v. United States, 365 U.S. 505, 511 (1961).   When the…

Being subpoenaed for a deposition can be a nerve-wracking experience that you may be called in for if you are a victim of a crime, witness to a crime, or if you (or a loved one) is somehow involved in a criminal case. This can be stressful but there are a few things to keep in mind that will not only make it an easier experience for you, but also keep yourself protected as well….

The Fourth Amendment to the United States Constitution appears to require law enforcement to obtain a warrant before searching your person or property. Of course, countless exceptions have been carved out of that requirement, and they can vary based on the specifics of a certain situation. If police searched your person or property without a warrant, you will want to contact an attorney at Banks and Brower to review your case and see if there’s…

Many people spend the New Year’s holiday re-evaluating their lives. Questioning their life choices, diet, exercise routine, (marriages?) and everything else under the sun. They establish lofty goals that last a week and then sadly fizzle. According to DiscoverHappyHabits.com, after 1 week, 75% of people are still keeping up with their resolution — that means in only 7 days, ¼ of all people have failed. After two weeks, alas, 71%. After 1 month, 64%, and…

Although DUIs (or OVWIs in Indiana) are unfortunately all too common, there are several charges that can be brought based on the circumstances, and the charges can range from simple misdemeanors to complex felonies. Below is a breakdown of each Operating a Vehicle While Intoxicated (“OVWI”) charge from least to most serious. OVWI – Base Level Charge Operating a vehicle with a BAC of 0.08 to 0.14 or under the influence of drugs so there…

A sentence for a criminal offense can be either executed or suspended.  When a sentence is suspended, some or part of the sentence is typically served on probation, but the defendant is otherwise free to travel within the state.  Crimes that are eligible to be suspended at sentencing are often referred to as “suspendible” offenses.  If a defendant is convicted of a crime that is not eligible to be suspended at sentencing, the crime is…