Criminal Law

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…

A Look at Indiana Senate Bill 98 – Specialized Driving Privileges – Under state law, Indiana courts can order the Bureau of Motor Vehicles (BMV) to suspend a person’s driving privileges (driver’s license) for certain reasons.  Also, state law requires the BMV to suspend a person’s driver’s license for certain violations.  However, Indiana law says that some people under certain circumstances can be granted “specialized driving privileges” (SDP). An SDP is similar to what used…

A Quick Guide to Lifetime Sex Registry in Indiana When you are facing a sex crime allegation, the stakes are incredibly high. Be it from a risk of significant time in jail, to high fines, to the sex registry, to the social stigma of the conviction, sex crimes are often thought of as the one of, if the not the most significant, charges you can face. As such, without question, the sex registry is one of…

Charging Parents with a Crime when Kids use their Parents’ Guns Unlawfully Recently, there have been shootings by minors in public areas such as schools. Because one has to be eighteen and have a permit to carry a gun, some of these minors possess firearms from their parents. One of the questions surrounding this issue is what can parents be charged with if their child possesses and uses their firearm to commit a crime, without…

Language Barrier Issues & the Indiana Implied Consent Law – I am a police officer.  I have probable cause to believe that you have operated a vehicle while intoxicated.  I must now offer you the opportunity to submit to a chemical test and inform you that your refusal to submit to a chemical test will result in the suspension of your driving privileges for one year.  If you have at least one previous conviction for…

Quick Reference Guide: Sentencing Ranges, Fines, & Credit Time Calculators: – Many of the questions we field at the office revolve around possible sentencing ranges for particular crimes, possible fines, and how much of the total sentence a defendant can be expected to serve if they are given an executed sentence. Given this information is spread out in so many places, we thought it would be helpful to combine those three topics into easy to…

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