Criminal Law

Key Takeaways A PSI helps Indiana judges make evidence-based sentencing decisions. Defendants should discuss the PSI interview with counsel before answering questions. Probation officers prepare the PSI and verify information through outside sources. The PSI includes criminal history, personal background, and an IRAS risk assessment. Probation recommendations in the PSI often influence the court’s sentencing decision. As part of any felony-based conviction (sometimes on misdemeanors with open terms and by judge’s request), a judge will…

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…

Can Consuming CBD Oil Result in a DUI in Indiana? As of July 1, 2018, the Indiana General Assembly has put into law language that allows for Hoosiers to possess cannabidiol (or CBD) oil for recreational use or dietary consumption.  Under Indiana Code (IC) 35-48-1-17.5, Hoosiers are allowed to possess “low THC hemp extract” products which are defined as being “derived from Cannabis sativa L.” OR “contain[ing] not more than 0.3% delta-9-THC (including precursors).”  In…