Criminal Law

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When Drug Addiction Leads to Crime, Drug Treatment Court May be the Answer

All too often drug addiction leads to criminal charges.  Most often charges involve the drugs themselves.  Possession of the drug is many times the first crime an addict will be charged with.  However, other charges may also come into play.  For example, drug addicts are many times struggling financially and therefore, theft is also a very common charge for drug addicts.  Other common charges are public intoxication, driving under the influence, obtaining drugs by fraud,…

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What is a Serious Violent Felon in Indiana?

What is a Serious Violent Felon, and What Does it Mean? Being convicted of a felony carries countless consequences for people, regardless of whether or not they actually spend any time in prison.  Aside from the stigma of being labeled a felon, these individuals also lose certain rights and freedoms that the rest of us may take for granted. One of those rights lost is the ability to possess a firearm, and a violation of…

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A Quick Look at Indiana’s Second Chance and Expungement Law

Erasing a Criminal Arrest, Conviction, or Dismissal Record under Indiana’s Second Chance Law Over the last two years the Indiana Legislature has completed a massive overhaul of expungements. On July 1, 2015, the expungement statutes again went through another change. Indiana 35-38-9 is the statute that governs expungements and sealing of the records related filings. First of all, what is an expungement? An expungement essentially allows an individual to clean his or her slate and…

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Possession of a Controlled Substance and the Schedule Drugs

All anyone has to do to understand the drug problem in this country and around the world is to turn on the nightly news. Every single day there are stories of overdoses, murders tied to drugs, and/or drug busts worth thousands of dollars. And, without discrimination as to the wealth or poorness of a neighborhood, people of all income levels are suffering from addiction—from alcohol to prescription pills, to cocaine, heroin, and methamphetamine. This crisis…

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Neglect of a Dependent

Indianapolis Criminal Defense Attorney Blog:  A Look at the Law of Neglect of a Dependent   Recently in the news(June 2015) there was a video that went viral involving two “ladies” fighting in the aisle way of a local Wal-Mart.  Disturbingly, one of the ladies had a young son that was present that jumped in and started engaging in the fight.  Shortly after the video went viral, the local prosecutor charged the mom, with the…

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A Look at the Changes to the Criminal Code Effective July 1st, 2015

How 2015 Changes to Indiana Law May Impact Your Criminal Case   As happens every year in Indiana, July 1 brings a number of changes to various areas of the law as a result of the legislative session.  Although the major criminal code overhaul took place last year, some changes of note have been enacted this year with respect to motor vehicle laws and criminal statutes. The Indianapolis Criminal Defense Attorneys have summarized the changes…

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The Most Common Arrests at the Indy 500

Indianapolis Criminal Defense Attorney Blog:  Top Ten Things That Will Get You Arrested at the Indy 500 Every race season, there are a number of arrests that come out of the Indy 500. In this blog the Indianapolis Criminal Defense Attorneys at Banks & Brower take a closer look. Minor Consumption of Alcohol:  The Speedway is a tradition.  For many that tradition begins when they are a kid.  One of the largest traditions of the…

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A Look at Double Jeopardy in Criminal Cases in Indiana

Double Jeopardy and You Criminal Case  – Why don’t my charges amount to double jeopardy?  Why can I be put on trial again after a mistrial is declared?  These are just two examples of the types of questions clients sometimes pose with respect to their pending criminal cases.  Many people are familiar with the phrase double jeopardy, but not necessarily as familiar with when double jeopardy may or may not come into play. In this…

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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.

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