Criminal Law

The two main questions most people have when facing criminal charges is what potential penalties am I looking at and how can I help myself between now and the conclusion of the case. Factors That Go Into a Prosecutor’s Decisions In Indiana, prosecutors have complete discretion as to what they will offer individuals via plea agreement. A variety of factors go into a prosecutor’s decision on whether or not to offer a reduced term plea…

The Fifth amendment right against self-incrimination was made famous in the Supreme Court’s decision in Miranda v. Arizona.  This case set out the framework for the now well known “Miranda warning.”  This warning should be read to individuals that are (1) in police custody and (2) subject to police interrogation.   Most people are familiar with the following advisement derived from Miranda: “You have the right to remain silent.  Anything you say can and will be…

In order for the State of Indiana to meet their burden of “beyond a reasonable doubt” they often have to rely upon the testimony of witnesses as to what they heard, saw, or otherwise experienced through their senses.  From a constitutional standpoint, this testimony is generally requiring the witness to appear in court so that an individual can “confront and cross-examine” (Sixth Amendment to the U.S. Constitution) or otherwise meet them “face-to-face” (Article I, Section…

As criminal defense attorneys, we have handled hundreds, if not thousands, of sentencing hearings. And, depending on the circumstances, we may choose to call our client to the stand to testify on their own behalf, or, in the alternative, may ask them not to say a single word. Why? Because each and every case is different. Outcomes are sometimes decided in advance. Sometimes there are times when hearing from the defendant is essential. So, when…

Banks & Brower, LLC strongly encourages community involvement. Luckily, there are several avenues open to people in order to make an impact in their community. One way you can get involved in your community and play an active role is by voting. Get out and vote for the candidate who will fix the potholes (we all know this one is much needed), one who wants to preserve history while growing their community in an appropriate…

This is one of the most common questions that we are asked when we are meeting with a new client.  The short answer, like almost all answers in the legal world, is that it depends.  In today’s blog we will look at the factors a prosecutor will consider in deciding whether they think you should have to do jail time as part of your possible punishment for a criminal charge.  It should be noted this…

For nearly two centuries, the concept of the “insanity defense” has been debated and changed in Indiana’s Appellate Courts.  Central to the debate is the recognition that, when a mental illness renders a person incapable of distinguishing right from wrong, the law excuses their would be criminal conduct.  Left with answering the question whether a particular individual in any criminal case meets that criteria is the “trier of fact” or the jury or trial judge. …

When a defendant pleads guilty to any crime in the State of Indiana, they either must be informed in writing, in person, or by video of the constitutional rights they waive by pleading guilty. That’s an important step in someone taking responsibility for their actions, as the United States and Indiana Constitutions demand a complete understanding of what you are entitled to in your defense. And, thus, when you plead guilty, you are waiving the…