Criminal Law

When a person is accused of committing a crime, the strength of the evidence determines every step that follows. In most cases, there are signs that a criminal case is weak, and recognizing these signs can lead to more favorable outcomes where there might otherwise be more convictions. Clients have come to Banks & Brower with criminal matters of all sizes and shapes that occur in the state of Indiana—from minor misdemeanors to serious felonies—and…

Acquitted vs not guilty sound similar, but Indiana law sees them as two different results with separate consequences for your case. The outcome you get affects your criminal record, your legal rights, and your future. At Banks & Brower, we work with defendants who need straight answers about what these terms actually mean in their situation. When you are preparing for trial or thinking through your options, knowing this difference puts you in control of…

Facing criminal charges is a stressful ordeal. Unfortunately, Indiana also allows the government to seize personal property believed to be used for, or derived from, criminal activity. This process is known as “forfeiture.” Forfeiture proceedings are actually civil matters, and are brought forth as separate proceedings from criminal cases. Civil forfeitures in Indiana can be brought under one of two statutes. The general forfeiture statute is found at IC 34-24-1-1. The statute that allows property…

When parents are going through a custody or visitation case, one of the most common things that is brought up is whether or not the children’s wishes are taken into consideration and how they can be taken into consideration. When determining how custody should be awarded, Indiana courts utilize the “best interests of the child” standard. With that standard, courts have no presumption in favor of either parent, meaning both parents enter the courtroom on…

Realizing a check you’ve written has bounced can send anyone into panic mode. Maybe the account balance was off, or a deposit hadn’t cleared in time—but the notice from the bank feels the same either way. At Banks & Brower, we regularly hear the same question from clients across Indianapolis: “Is writing a bad check a felony?” The answer depends on more than the amount on the check. It turns on what prosecutors believe about…

In Indianapolis, law enforcement officers can briefly detain you based on reasonable suspicion of criminal activity, even without concrete evidence. However, this detention has strict time limits. Indiana law permits police to detain you briefly while investigating suspected criminal conduct. If authorities lack probable cause to arrest you, they must either let you go or bring formal charges within 48 to 72 hours of your detention. Understanding how long can police detain you without probable…

Getting pulled over after having a few drinks is a nightmare that many Hoosiers have unfortunately endured. The interactions with the police officer, the barrage of confusing field sobriety tests, and blowing into a portable breath test all combine to make an incredibly stressful situation. And, after all of these events, the officer will ask a question with wide ranging repercussions. The officer will ask if you will consent to a certified breath or blood…

Drunk driving, or driving under the influence (DUI), is a serious offense. Law enforcement agencies employ various tools and procedures to detect and prosecute individuals who operate vehicles while impaired by alcohol. Two common methods used in DUI cases are certified chemical tests and portable breath tests (PBTs). While both are aimed at determining blood alcohol concentration (BAC), they serve different purposes and have distinct characteristics. In this article, we’ll delve into the disparities between…