Criminal Law

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A Look at the DUI Arrests in Indiana

 A Look at the DUI Basics  There are literally thousands and thousands of DUI arrests across the country every year.  It can be one of the most dangerous crimes as well as over 10,000 people are killed in an accident involving drunk driving each year.  In today’s blog we take a look at the basics of a DUI or drunk driving arrest in Indiana. The BAC Charge This is the number that is most promoted…

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Can Police Take My Guns Away?

A Look at Indiana’s Jake Laird Law – Returning of Firearms in a Criminal Case Despite an individual’s constitutionally protected right to keep and bear arms, if certain circumstances exist, the police are authorized to take one’s firearm to hold and even potentially destroy.  The law that allows the retention of firearms is Indiana Code 35-47-14, or otherwise known as the “Jake Laird” law. This law was enacted in 2005, subsequent to the murder of…

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Interstate Agreement on Detainers

A Look at the law of Interstate Agreement on Detainers Many times defendants will mail our firm letter from jail seeking assistance with their criminal cases. And, many times, those requests have to deal with what they perceive are unnecessary delays in their cases by their current attorneys and/or the state of Indiana by and through the prosecutors office. Equally as often, our firm receives hundreds of calls a month from family members looking to…

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Avoiding Arrest at the Indy 500

How to Avoid Arrest at the 100th Running of the Indianapolis 500 The Indianapolis 500 is one of the greatest sporting events in the world on any regular year, but this year will be bigger than ever.  It is the 100th anniversary of the greatest spectacle in racing.  It is the first time in many, many years that the 500 will be sold out!  What does that mean?  Well, it likely means that the approximate…

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The Sex Crime Stigma for the Wrongfully Accused

Wrongfully Accused of a Sex Crime in Indiana? Obviously, a blog like this can be difficult to write and read. That’s because there are hundreds of thousands of legitimately-reported, fully and rightfully prosecuted sex crimes cases across this country on any given year. And, without question, those cases are incredibly sad to hear about and can be difficult to be a part of as defense attorneys. This blog is not meant to take away from…

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A Look at Interrogation and Having a Lawyer

Indianapolis Criminal Defense Attorney Blog:  A Look at Police Interrogation and Why it Makes Sense to Exercise Your Right to an Attorney It is a question we often receive in our office.  I have been contacted by a Detective and he/she wants to interview me as a possible suspect in a criminal investigation, should I talk to them?  Do I need a lawyer?  To answer that question, we will take a look at some of…

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Refusing a Breath Test in a DUI

A Quick Look at the Consequences of Refusing a Chemical Test in Indiana: A substantial number of our clients who have been charged with a DUI tell us that after they were pulled over, they refused the tests the officer asked them to do because once upon a time that’s what they heard or were told you’re supposed to do.  The theory is that if there is no test, then it will be difficult or…

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A Look at Indiana Code 260 IAC 2-1 – Breath Test Machines

Indiana Administrative Code 260 IAC 2-1 – Breath Test Operators & Instruments Everyone on earth, it seems, has heard of a “breathalyzer” test in every single run of the mill Driving Under the Influence (hereafter “DUI”) and/or Operating a Vehicle While Intoxicated (hereinafter “OVWI”) case. But, did you know there is an entire administrative code section drafted by the Indiana legislature to address how breathalyzers are to be certified, who can administer them, and how…

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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.