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Top 10 Questions to Ask When Hiring a Criminal Defense Attorney

You have been charged with a crime. It is probably one of the most stressful times you have ever had in your life. You may have just spent a miserable night or two in jail and are completely exhausted. However, now you have a very important decision to make. Who should I hire as my criminal defense attorney? In this blog, we will list 10 questions you should ask when talking to a potential attorney…

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Will Trump Be Charged?

Posted in On August 3, 2022 By Brad Banks

You’d have to be living under a rock to be completely unaware of what happened on January 6th, 2021. Regardless of your politics, cameras rolled as thousands of people stormed the Capital for the first time since The Burning of Washington on August 24th, 1814. In stark contrast, back in the early-1800’s, unlike January 6th of 2021, the attack was from a foreign power, the British, not from citizens from within the borders of our…

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Felony? Misdemeanor? Infraction? What Does It All Mean?

Posted in On July 7, 2022 By Brad Banks

In the state of Indiana, when someone is charged with an offense, they will fall into one of three categories: 1. Felony, 2. Misdemeanor, or 3. Infraction. An infraction is commonly known as a traffic ticket, such as a speeding violation. These are civil matters, meaning they do not carry the potential for imprisonment, but instead typically involve paying a fine. A felony charge, on the other hand, is criminal in nature and carries a…

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Depositions in Criminal Cases

Posted in On June 28, 2022 By Brad Banks

Many people have heard of depositions, but it is surprising the number of times witnesses are unfamiliar with what they are, the purpose behind them, and what is expected of them when subpoenaed for one. This blog will attempt to address the purpose of depositions in criminal cases. So, what is a deposition in a criminal case? In most counties in Indiana, in order to get a witness’ testimony, under oath, prior to trial, and…

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Sentence Modification

Posted in On June 22, 2022 By Brad Banks

Indiana Code 35-38-1-17, titled, “Reduction or Suspension of Sentence”, can be used to ask a Court to modify your sentence. This statute divides offenders into violent and non-violent criminals. For offenders who are considered non-violent criminals, you may petition the court at any time after you begin serving your sentence. If you are incarcerated in the Department of Corrections, the Court will also need a report regarding your conduct while imprisoned. The Court will most…

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What is the Juvenile Delinquency Expungement Process in Indiana?

What is the Juvenile Delinquency Expungement Process in Indiana?

Posted in On June 9, 2022 By Brad Banks

Many people believe that juvenile delinquency records are automatically sealed or expunged once an individual reaches the age of 18.  This is not the case in Indiana.  While some juvenile true findings (the juvenile equivalent of a criminal conviction) are automatically expunged after a certain time period, others remain on a delinquency record unless or until an expungement petition is granted. I.C. 31-39-8-3.5 orders juvenile delinquency courts to expunge all misdemeanors from an individual’s record…

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Indiana’s Implied Consent Law & What Happens If I Refuse Breathalyzer in a DUI Stop?

Indiana’s Implied Consent Law & What Happens If I Refuse Breathalyzer in a DUI Stop?

Posted in On June 2, 2022 By Brad Banks

A common misconception we hear from clients is that they believed they weren’t legally required to submit to an officer’s tests while being investigated for driving under the influence. While refusing to perform the Standardized Field Sobriety Tests doesn’t automatically result in penalty, refusing to submit to a certified chemical test after a law enforcement officer reads the Indiana Implied Consent Warning carries substantial consequences. Before getting to that point, it helps to understand what…

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What to Expect when Entering Home Detention in Marion County, IN

Many people prefer home detention/house arrest to jail, but then come to realize there is hardly any information regarding what to expect both online and from your attorney themselves. This leads to uncertainty and even possibly fear, fear of the unknown and fear of the potential difficulties you may consider when it comes to what you are allowed to do and what may lead to a violation. Coming from someone who has experienced it themselves,…

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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.