Criminal Law

Whether you or a loved one is facing a criminal offense, everyone knows that hiring a criminal attorney with experience matters most. Not only do they know the ins and outs of courtroom, but they often times know the little details that matter most when it comes to both orchestrating your defense, and if necessary, strategizing your acceptance of responsibility when a defense isn’t enough to win at trial. Some may think that once you…

As part of any felony-based conviction (sometimes on misdemeanors with open terms and by judge’s request), a judge will typically order a pre-sentence investigation or “PSI.” A PSI came out of what is commonly referred to as Evidence Based Practices — a movement where judges wanted to make informed, evidence-based decisions when determining appropriate sentences for defendants. The practice of conducting PSI’s has long been a typical step in federal guilty pleas and sentences, and…

One of the most frequent calls we get are from individuals with suspended licenses who are ready to get their license back to valid but have no idea where to begin. Whether you have a record that has been suspended for 20+ years or have a single traffic ticket, it can be confusing to navigate the Indiana BMV’s record to try to determine what needs to happen to get you back to valid. This article…

Imagine a situation where law enforcement approaches an individual based upon suspicions of a potential crime.  Can this person tell the officer to leave them alone and walk away?  Or are they required to follow the instructions of law enforcement and possibly be subject to a search of their person?  We’ve likely all heard or maybe even seen this before, but how much suspicion is actually required before someone is not free to leave?  And…

Do I have to register in Indiana? Most people realize that when they are convicted of a sex offense, they also have to register in the state in which they are convicted or where they live. However, many out of state residents don’t realize that if they visit (for an extended period), work, and/or go to school in Indiana, there may be additional registration requirements here. Even more surprising for some non-Hoosiers is that if…

Sentencing: Senate Bill 64- Sentence modification: Courts must advise a defendant, before accepting a guilty plea, that the court will be bound by terms of a plea agreement both at the time of sentencing and with respect to sentence modification. Provides that a court may not reduce the sentence if it was not authorized by the plea agreement. The prohibition to include a waiver of the right to sentence modification in a plea agreement does…

Alcohol & Drug Laws: Senate Bill 13- Administration of overdose intervention drugs: Community corrections officers and probation officers may administer an overdose intervention drug, for which they will have to report its use to the emergency ambulance service responsible for reporting the use to the Indiana emergency medical services commission. The persons permitted to administer an overdose intervention drug must receive education and training on drug overdose response and treatment, and will benefit from civil…

Every July, the Indiana legislature adds new laws to our books.  Here at Banks & Brower we have provided a summary of the new Sex offenses laws that affect the area of criminal law. Sex offenses: Senate Bill 264: “Rape kits” are the standard medical forensic examination kits for victims of a sex crime developed by the state police department. The statewide sexual assault response team advisory council must prepare a report regarding the feasibility…