Criminal Law

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…

Indianapolis Criminal Defense Attorney Blog: I’m HTV How Can I Drive Again? So you have gotten a few bad convictions on your record or several tickets a one really bad driving conviction and the BMV has just notified you that you are now a habitual traffic violator and you have a VERY long license suspension. Now what? Public transportation is not exactly reliable in Indiana. So what are the options? A Review of Your Driving…

A Quick Look at the Impact of Being Non-Suspendible and the Community Corrections Option: Being charged with a crime is undoubtedly a frightening situation for many reasons. The most terrifying of which has to be the possibility of time behind bars.  When someone is charged with a crime, whether it be a misdemeanor or a felony, there is always the risk that they may spend some time incarcerated. The more serious the charges, the more…

With all of the mass shootings in and around the world, the news consistently raises the question of whether or not the alleged accomplice should or should not have had access to weapons prior to committing the crime. More often than not, many of the people that commit horrible crimes also have been limited access to weapons through a conviction and/or through a court order somewhere in their past — yet, sometimes that isn’t the…

                  Indianapolis Criminal Defense Attorney Blog:  Making A Murderer a Look at the Case from a Former Deputy Prosecutor Turned Defense Attorney Today our blog takes a look at the hugely popular Making a Murderer documentary film that has become a huge hit on Netflix.  This blog is being written by Banks & Brower part-owner Brad Banks.  Brad Banks spent nearly 10 years as a deputy prosecutor…

What are the different legal standards in Indiana and when do they apply? You probably know that to be convicted of a crime, the State must prove you guilty “beyond a reasonable doubt.”  One question we get frequently, however, is what exactly “beyond a reasonable doubt” means.  It is difficult to answer that question in a specific manner, but looking at some of the other standards of evidence in relation to reasonable doubt can help…

DUI’s In Indiana Involving Things Other Than Alcohol Almost every single person alive has heard that you can be charged with Driving Under the Influence, Operating a Vehicle While Intoxicated, and/or Operating While Intoxicated when you are intoxicated by alcohol. But, did you know you can be found guilty of Operating a Vehicle with a Metabolite in your system?  For being intoxicated by the metabolite and for just having it in your system without intoxication?!?! And,…

Once someone has been arrested they normally have a period of time where they experience shock and disbelief. This reaction quickly turns into an emotion of fearing the possible penalties for the allegations that have been made. In this blog we will run through the potential penalties for the various levels of crime. Penalties for Various Levels of Crime in Indiana With felonies, the legislature has issued a range that includes a recommended (known as…