Criminal Law

The Indiana open container law often comes into play during everyday situations. Imagine finishing dinner with friends, placing a half-empty bottle of wine in the backseat, and then getting pulled over on your way home. Even without drinking behind the wheel, that simple mistake could result in a citation or misdemeanor charges. Indiana law makes it illegal for drivers and passengers to keep open alcoholic beverages in the passenger area of a vehicle on public…

When we are representing defendants against criminal allegations, our clients often ask what a judge might consider when imposing a sentence after a guilty verdict at trial or as part of a guilty plea, where the parties are free to argue the sanction to be received. While there is a wide range of considerations—such as the defendant’s personal history, the victim’s wishes, witness testimony, character letters, and the nature of the crime—many people don’t realize…

Anyone who is a registered sex offender may find that moving to another state can be complicated. There are federal regulations, normally codified in state statutes, to prevent people from “registry shopping”. Basically, they don’t want all the sex offenders to move to a handful of states just to get off the registry. Therefore, there is a uniform statute in Indiana, and in most states, that requires any person who is required to register in…

Criminal trespass in Indiana refers to the charge someone faces when they enter or remain on property without permission, and it can quickly become more serious than most expect. What may begin as a simple mistake, like walking past a sign, misunderstanding a boundary, or refusing to leave when asked, can result in criminal allegations. These situations are stressful, and the impact can reach far beyond the immediate charge. At Banks & Brower, we understand…

In the criminal justice system, warrants play a central role in keeping law enforcement actions within clear legal limits. They grant officers the lawful authority to take specific actions, such as arresting or searching property, while safeguarding individuals’ constitutional rights. Understanding the different types of warrants and the circumstances in which each may apply is critical for anyone who may encounter law enforcement, whether as part of an investigation or a court proceeding.  At Banks…

  A very common question we hear from clients and potential new clients all the time, is “Why am I charged with Operating a Vehicle While Intoxicated and Operating a Vehicle While Intoxicated Endangering a Person?”  This is a very common and understandable question! Many people also are very confused about how they could have endangered a person.  Sometimes we hear that there was no one else on the road.  Sometimes we hear that they were pulled over…

Is a domestic battery a felony in Indiana? In some situations, yes. Domestic battery is a serious criminal offense that can result from disputes involving family or household members. Depending on the circumstances, it may be charged as either a misdemeanor or a felony. Along with the legal penalties, an accusation alone can damage personal relationships, harm career prospects, and affect your reputation. If you are facing allegations, it is essential to understand how Indiana…

Oftentimes, people who don’t regularly work in the criminal justice system have a misunderstanding of the term “evidence.”  This is likely due, in part, to all the CSI-type shows which have conditioned us to believe that fingerprints, DNA, or surveillance videos are going to be found that prove conclusively a certain person committed a crime.  This is far from true in practice, however.   While the State must present proof beyond a reasonable doubt to…