Understanding How a Juvenile Get’s Waived to Adult Court in Indiana: – Most people assume, and rightfully so, that so long as you or a loved one isn’t an adult at the time a criminal offense is committed, you can’t be tried as an adult. While in principal that sounds right, and in practice that is mostly right, you might be surprised to hear that isn’t always the case. Most often it depends on the level…
Trespass, residential entry and burglary all involve someone invading the property of someone else. However, the elements to prove each crime and the penalties involved are significantly different. This week’s blog will take a look at each in order from least serious to most serious. First we start out with the crime of trespass. Everyone has seen the signs posted that say “no trespassing” or trespassers will be prosecuted, but how exactly does this crime…
As many of you are aware, our General Assembly this year passed a comprehensive overhaul of our criminal code. Some of the changes have been highlighted in previous blogs, and this week’s post takes a look at the habitual offender enhancement in its current form. What is a habitual offender? Habitual offender enhancements are used to increase the penalty for a given crime based on an individual’s criminal history. The habitual offender enhancement must be…
One of the most common arrests made in Indiana and throughout the country is for driving under the influence. It can be committed by any driver of any type of vehicle who has had too much to drink or taken medications that have caused them to be impaired. As it is such a common criminal charge, there are frequent questions and misconceptions when it comes to DUI cases. This weeks blog takes a look at…
I’ve Been Charged with Theft – Now What? Recently we highlighted for you the significant changes that have taken place with respect to felony offenses in Indiana. One change in particular merits special attention as much for its significance to many criminal defendants (and practitioners) as for its effect of making the punishment more proportional to the crime. Prior to the change in the law effective July 1, 2014, the theft statute read as follows:…
Jail Phone Calls — Is Someone Really Listening? YES! One of the biggest temptations for any defendant once they get behind bars is to call loved ones. Obviously, anyone in that situation would feel the need to reach out to their support group for help, advice, and/or direction. However, and almost without fail, we see instance after instance of inmates talking about the facts of their case to loved ones. And, in almost every single…
This week’s blog topic, the revamping of the Indiana Criminal Code, is a lengthy one. For those interested in the Indiana Criminal Code though, it is well worth the read. We start out with the drastic change to the sentencing scheme. If you or a loved one is facing any criminal charges, don’t hesitate to call our Indianapolis criminal lawyers at Banks & Brower, we offer free case evaluations and free consultations. Sentencing Class Current…
Resisting law enforcement is a charge that commonly gets tacked on after an arrest for another charge doesn’t go down as smoothly as the officer would like. The least serious form of resisting law enforcement is an A Misdemeanor, but various scenarios and actions can elevate the charge as high as a Class A Felony (or a Class 2 Felony beginning July 1, 2014). Some circumstances even require mandatory minimum sentences that may not be…
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.