Criminal Law

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…

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…

Interstate compacts are agreements between states to enforce a policy that is not necessarily governed by federal law. Interstate compacts are one way that states can work together to enforce a policy or regulation without the interference of the federal government. A few interstate compacts specifically affect criminal cases: the Interstate Compact for Adult Offender Supervision (ICAOS), the Interstate Corrections Compact (ICC), and the Driver License Compact (DLC). Interstate Compact for Adult Offender Supervision Currently,…

Once you are serving and/or were sentenced to a specific period, many people in society ask and wonder if there are any possible ways to reduce this specified time. Under Indiana law there is possible way to reduce this specified sentence time in certain situations. The controlling statute under Indiana law is I.C. §35-38-1-17. In general, I.C. §35-38-17 states and expresses all relevant aspects of sentence modification, the conditions associated to, and which offenders that…

After charges have been filed against a person, a judge will then determine if a person is eligible to be released. If the court determines that the arrestee does not pose a significant risk of danger to herself or others, then the court will determine a bond amount. The bond amount is based on the charges filed. To learn more about bonds specifically, see https://banksbrower.com/2019/09/16/pay-a-bond-or-pay-a-lawyer/. A judge looks to different factors to decide if the…

It seems like every single week, somewhere around the country, there is a local and/or national story about a teacher having an “inappropriate sexual relationship with a student(s).” Whether involving high school students or middle school students, there are teachers of both sexes that are consistently being caught having sexual relations with children of all ages and sexes. Given the position of trust that teachers have with their students, the legislature has created a specially…

The concept of self-defense in the state of Indiana is generally seen as an act that is recognized as a valid justification for an otherwise criminal act. Meaning, that under Indiana Code 35-41-3-2(a) an individual is, “justified in using reasonable force against another person to protect himself from what he reasonably believes to be the imminent use of unlawful force.”  Historically, this notion of self-defense “is predicated upon the right of every citizen to reasonably…

Everyone has the right to a fair trial.  There are some circumstances in which a change of venue is necessary in order to preserve this right.  Sometimes, media coverage has been so extensive in a particular case that it makes getting a fair trial impossible unless the case is moved out of the immediate jurisdiction.  To address this very real concern, Indiana law makes it possible to change venue in a criminal case. Indiana Change…