Criminal Law

Facing criminal charges is a stressful ordeal. Unfortunately, Indiana also allows the government to seize personal property believed to be used for, or derived from, criminal activity. This process is known as “forfeiture.” Forfeiture proceedings are actually civil matters, and are brought forth as separate proceedings from criminal cases. Civil forfeitures in Indiana can be brought under one of two statutes. The general forfeiture statute is found at IC 34-24-1-1. The statute that allows property…

When parents are going through a custody or visitation case, one of the most common things that is brought up is whether or not the children’s wishes are taken into consideration and how they can be taken into consideration. When determining how custody should be awarded, Indiana courts utilize the “best interests of the child” standard. With that standard, courts have no presumption in favor of either parent, meaning both parents enter the courtroom on…

Realizing a check you’ve written has bounced can send anyone into panic mode. Maybe the account balance was off, or a deposit hadn’t cleared in time—but the notice from the bank feels the same either way. At Banks & Brower, we regularly hear the same question from clients across Indianapolis: “Is writing a bad check a felony?” The answer depends on more than the amount on the check. It turns on what prosecutors believe about…

In Indianapolis, law enforcement officers can briefly detain you based on reasonable suspicion of criminal activity, even without concrete evidence. However, this detention has strict time limits. Indiana law permits police to detain you briefly while investigating suspected criminal conduct. If authorities lack probable cause to arrest you, they must either let you go or bring formal charges within 48 to 72 hours of your detention. Understanding how long can police detain you without probable…

Getting pulled over after having a few drinks is a nightmare that many Hoosiers have unfortunately endured. The interactions with the police officer, the barrage of confusing field sobriety tests, and blowing into a portable breath test all combine to make an incredibly stressful situation. And, after all of these events, the officer will ask a question with wide ranging repercussions. The officer will ask if you will consent to a certified breath or blood…

Drunk driving, or driving under the influence (DUI), is a serious offense. Law enforcement agencies employ various tools and procedures to detect and prosecute individuals who operate vehicles while impaired by alcohol. Two common methods used in DUI cases are certified chemical tests and portable breath tests (PBTs). While both are aimed at determining blood alcohol concentration (BAC), they serve different purposes and have distinct characteristics. In this article, we’ll delve into the disparities between…

If you’ve been injured in an accident – whether in a car crash, a slip and fall, or another type of incident – one of the most important things you can do is document your injury claim properly. The strength of your evidence often determines the size of your settlement or verdict. Insurance companies look for any reason to minimize or deny your claim, so detailed, organized documentation can make all the difference. Here’s how…

      By the very nature of the types of cases that misdemeanors are, they are the most common type of criminal charges that are filed.  These include DUI, battery, public intoxication, theft, shoplifting and possession of marijuana, among others.  We are often asked do I need to hire an attorney for my misdemeanor and here are 5 reasons why you most likely would want to hire an attorney when facing a misdemeanor criminal…