Criminal Law

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An Overview of Indiana’s Hands Free Driving Law

Often times while driving, it is tempting to pick up your phone to read or send a text message.  Starting now, people will have to fight that urge unless they want to be subject to a $500 fine.  Distracted driving is the cause of tens of thousands of accidents per year, sometimes causing serious injury or even death.  In an attempt to eliminate this problem and make for safer roadways, Governor Holcomb signed into law…

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Reading and Understanding the Federal Sentencing Guidelines

Reading and Understanding the Federal Sentencing Guidelines

Whether it’s the complex rules of procedure, the nuanced statutory offenses, the detailed levels of crimes, and/or the harsh range of penalties as comparable to similar state crimes, the federal system was designed to be efficient, effective, and exacting. As such, if you find yourself in a situation where you are facing federal charges, it’s essential that you hire an attorney who can navigate the federal waters with a firm understanding of the policies, procedures,…

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What Could I Get Arrested For at a Protest?

What Could I Get Arrested For at a Protest?

In light of recent events, mass protests have sparked up across the nation still reeling from the COVID-19 Pandemic. The death of George Floyd has prompted numerous civil rights movements in Minneapolis, Washington D.C. and even Indianapolis. Whether you’ve decided to partake in the protests or watch it unfold on television, it is no doubt a tumultuous time. Since the protests have escalated to violent occurrences, criminal charges frequently pop up as police attempt to…

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The Continued Evolution of the Insanity Defense in Indiana:  A Look at the Most Recent Court Decisions

The Continued Evolution of the Insanity Defense in Indiana: A Look at the Most Recent Court Decisions

Whenever the insanity defense is asserted in Indiana, the Court will appoint mental health experts to complete an evaluation of the Defendant.  The ultimate purpose of these evaluations is to determine whether the Defendant could appreciate the wrongfulness of their actions at the time the crime was committed.  If the Defendant was unable to appreciate the wrongfulness of their actions at the time the crime was committed, the conclusion is that the defendant was insane. …

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Is Probation the Best Option for Me – the Answer isn’t Always Obvious:

Is Probation the Best Option for Me – the Answer isn’t Always Obvious:

Probation can be and often is a great option for people who have been convicted of a crime, especially if the prospect of jail or other executed sentence was a possibility. However, it may not always be the best option for some. Why? This blog will attempt to answer that question. Many defendants often choose probation, even if it means receiving a much lengthier sentence, because it is considered the “easier” sentence — because, again,…

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What Are Depositions and Why Are They Important?

What Are Depositions and Why Are They Important?

Knowing how to best attack the prosecution’s case is a vital skill for any defense attorney.  As discussed previously in this blog, there are two broad types of evidence.  Typically, the state will produce either physical evidence or testimonial evidence at trial.  Both physical evidence and testimonial evidence are equally important, and it is up to either the judge or jury to determine the weight placed upon either type of evidence.  There are several cases…

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A Discussion About Trial Evidence

A Discussion About Trial Evidence

There are two broad categories of evidence.  Direct evidence is evidence that stands on its own to prove a fact.  Circumstantial evidence is evidence that relies on an inference to draw a conclusion of fact.  Both types of evidence are routinely presented in criminal trials.  It is crucial to have an attorney that has experience both presenting and challenging these types of evidence. Most cases involve some form of direct evidence.  The most common type…

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How It Is Possible to be Convicted of Murder Without Killing Anyone

How It Is Possible to be Convicted of Murder Without Killing Anyone

The statute defining murder is very simple in Indiana.  In order to convict someone of murder, the State must prove that: The Defendant; Knowingly; Killed; Another person. Can You Be Charged With Murder if You Never Killed Someone? This is by far the most common method in which individuals are charged with the intentional killing of another.  It is important to understand, however, that it is possible to be charged with murder even if you…

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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.