The right to a fast and speedy trial can be found in Indiana Criminal Rule 4 which exists to enforce the state constitutional guarantee of a speedy trial. The rule typically applies to individuals in jail but in certain circumstances can apply to those who have been bailed or released on their own recognizance. However, there are a few different subsections of the rule that apply to various situations differently which this article will seek…
Many times, when we are hired as defense attorneys on criminal cases, clients often ask, is it possible to get my case dismissed? While the answer is often “it depends,” there are a lot of factors and strategies that go into whether or not to pursue that course of action. So, what are the five most common ways to get a case dismissed? Below is our list. While it isn’t all-encompassing, these five areas are…
Indiana is home to several events that draw large crowds. Whether it be a concert, festival, work conference or sporting event, Indiana has no shortage of activities that bring in out of state visitors. There are several cities and neighborhoods in Indiana that contain amazing restaurants and exciting nightlife. Sometimes, this can lend itself to trouble. The following situation has played out countless times: An individual is in downtown Indianapolis for an event and has…
The two main questions most people have when facing criminal charges is what potential penalties am I looking at and how can I help myself between now and the conclusion of the case. Factors That Go Into a Prosecutor’s Decisions In Indiana, prosecutors have complete discretion as to what they will offer individuals via plea agreement. A variety of factors go into a prosecutor’s decision on whether or not to offer a reduced term plea…
The Fifth amendment right against self-incrimination was made famous in the Supreme Court’s decision in Miranda v. Arizona. This case set out the framework for the now well known “Miranda warning.” This warning should be read to individuals that are (1) in police custody and (2) subject to police interrogation. Most people are familiar with the following advisement derived from Miranda: “You have the right to remain silent. Anything you say can and will be…
In order for the State of Indiana to meet their burden of “beyond a reasonable doubt” they often have to rely upon the testimony of witnesses as to what they heard, saw, or otherwise experienced through their senses. From a constitutional standpoint, this testimony is generally requiring the witness to appear in court so that an individual can “confront and cross-examine” (Sixth Amendment to the U.S. Constitution) or otherwise meet them “face-to-face” (Article I, Section…
As criminal defense attorneys, we have handled hundreds, if not thousands, of sentencing hearings. And, depending on the circumstances, we may choose to call our client to the stand to testify on their own behalf, or, in the alternative, may ask them not to say a single word. Why? Because each and every case is different. Outcomes are sometimes decided in advance. Sometimes there are times when hearing from the defendant is essential. So, when…
Banks & Brower, LLC strongly encourages community involvement. Luckily, there are several avenues open to people in order to make an impact in their community. One way you can get involved in your community and play an active role is by voting. Get out and vote for the candidate who will fix the potholes (we all know this one is much needed), one who wants to preserve history while growing their community in an appropriate…
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.