When we meet with clients after they have been arrested and accused of a criminal offense, they tend to be scared, nervous, uncertain and concerned about the future. In this weeks blog we look at 10 of the most common questions we receive from those that are arrested. Q1. Am I going to have to serve time in jail if I’m convicted? A: It depends. If your crime is a D felony or misdemeanor and…
A Quick Look at Indiana’s Sex or Violent Offender Registry Requirements Most criminal cases bring some sort of self-shame to a defendant’s life. Whether it is the requirement to check “yes” on a background application question on criminal history or being unable to own or possess a firearm from a felony, etc. — we all know criminal convictions have a huge impact on peoples’ lives. Moreover, obviously, some crimes have larger effects than others. And,…
For this week’s blog we take a look at one of Indiana’s most comprehensive white collar crime charges. Racketeering and the crime of Corrupt Business Influence govern much of the “white collar” crime in Indiana. To understand this charge we must first start with the definition of racketeering. The legislature explained racketeering when it legislatively define what “pattern of racketeering activity” means. Per Indiana code, “Pattern of racketeering activity” means engaging in at least two (2) incidents…
My Son or Daughter Was Arrested, I Need Help…What Should I Do?!!?? One of the worst phone calls a parent can receive is a collect call from a jail and a familiar voice on the other line, saying, “Mom and Dad, I did something really stupid, and I got arrested last night.” While you first struggle to contain the rage you have boiling up inside at their poor decision-making skills, you are also quickly overcome…
In today’s blog we take a look at the statutes governing a person not competent to stand trial and the process one must go through both if the regain competency or if they don’t. Lastly, we look at the leading case in this area and what happens when a person is charged with a crime but cannot ever regain competency. Comprehension to Stand Trial: 35-36-3-3 Substantial probability of attainment of comprehension to stand trial;…
A Look at Indiana’s Most Common Drug Dealing Statutes More and more often, our firm receives calls of defendants being charged with dealing in drugs; thus, it goes without saying that detectives and the state of Indiana must be focusing more and more on charging people with it. That’s because whenever drugs are involved, police and prosecutors are actively looking to add a dealing charge on top of any possession charges they may file. Why?…
In today’s blog, we look at what qualifies a building to be a “dwelling” for purposes of the Indiana burglary statute. There is a huge difference. If a person burglarizes a building that isn’t a dwelling then it is a Level 5 Felony and the potential is for 1 to 6 years in prison, however, if the building qualifies as a dwelling, then the crime is a Level 4 Felony and the penalty jumps all…
Failure to Appear — The Consequences Both Criminally and Civilly – When it comes to any criminal or civil matter before a court, without question, one of the biggest mistakes a defendant or party to a civil matter can do is fail to appear for court. Any failure to appear (or “FTA,” as many refer to it) has consequences that may have significant ramifications on your case moving forward. A failure to appear is just…
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.