Criminal Law

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Charging Parents in Mass Shootings

Posted in On June 17, 2018 By Brad Banks

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…

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Indiana Implied Consent and Language Barrier Issues

Posted in On May 27, 2018 By Brad Banks

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…

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Sentencing Ranges, Fines, & Credit Time Calculators

Posted in On May 13, 2018 By Brad Banks

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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Graphic Display of Field Sobriety Tests Administered in Indiana for DUI Arrest

Posted in On May 9, 2018 By Brad Banks

FST picto

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Motion to Suppress Evidence in Indiana

Posted in On April 29, 2018 By Brad Banks

A Look at Motions to Suppress Motion to Suppress, What is it and When Should it be Used One of the tools in war chest of every Indianapolis criminal defense lawyer is the Motion to Suppress.  A Motion to Suppress is basically a motion an attorney can file asking the judge to order that certain evidence is removed from the case and not able to be used in the trial due to some sort of…

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Expungement Timeline in Indiana

Posted in On April 8, 2018 By Brad Banks

Can I Get My Record Expunged Yet? Several times throughout the day we talk with prospective expungement clients who are not quite ready, according to statute, to get their case(s) expunged. Although the expungement statute is clear in regards to the time frames of what can be expunged and when, there is some wiggle room the statute allows for the prosecutor to waive the time frames involved. If your case was dismissed (via diversion, prosecutor…

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Child Exploitation & Child Pornography Laws in Indiana

Child Exploitation & Child Pornography Laws in Indiana

Posted in On April 1, 2018 By Brad Banks

Child exploitation and pornography arrests are becoming more and more common, unfortunately, and as a result, our law firm receives dozens of calls a month or more about the subject. As such, we thought it appropriate to discuss the laws governing child pornography, the possible punishments, and possible defenses. Should you or a loved one face an allegation as serious as possession, distribution or child exploitation tied to child pornography, it is essential you contact…

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Corrupt Business Influence Indiana

Posted in On March 18, 2018 By Brad Banks

What is the Crime of Corrupt Business Influence in Indiana? Indiana has a criminal statute that goes by a weird name.  The statute that is being filed with more regularity is the crime of corrupt business influence.  The statute was designed to punish longstanding corrupt criminal business practices that didn’t fit into a different type of crime.  The corrupt business influence statute reads as: A person: (1) who has knowingly or intentionally received any proceeds directly…

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Brad Banks who has more than 20 years of legal experience as a criminal defense attorney.