Criminal Law

Federal Court, Federal Crimes & Federal Sentencing – A great lawyer once said, “If the criminal justice system was compared to baseball, being charged at the state level would be tee-ball league. Being charged at the federal level would be the majors.”  Whether it’s the complex rules of procedure, the nuanced statutory offenses, the detailed levels of crimes, and/or the harsh range of penalties as comparable to similar state crimes, the federal system was designed…

We have all heard the warnings on TV or in the movies.  You have the right to remain silent, you have the right to an attorney…  The infamous Miranda Rights.  Why are they called Miranda rights?  Because  the United States Supreme Court decided a case entitled Miranda vs. the State of Arizona.  In that case, the court outlined rights a suspect has in a criminal investigation.  Those rights have become staples in American criminal jurisprudence,…

Been There, Done That, Right? If we are all honest with one another, many of us have committed crimes that involved the use of alcohol when we weren’t of age to drink yet (whether we were caught or not!). That could be while we were in college or hanging out with our underage buddies at a party. In fact, many of us may have even drank when we were under eighteen (18) years old and…

This week’s blog takes a look at the path and life of a criminal charge.  How it starts, where it travels, and how it ends up.  For illustrative purposes, we will also contrast Marion County and Hamilton County. The team of experienced Indianapolis Criminal Defense Attorneys frequently practice in Marion and Hamilton counties, thus we have chosen these two for comparison. The Arrest The arrest can vary in its form depending on the county you…

Batteries Aren’t Just Found in Your Junk Drawer The Indianapolis Criminal Defense Attorney’s at Banks & Brower have handled numerous cases involving the charge of battery. Many of us have been in a physical altercation of some type, if we admit it. Whether as a child, on the playground in middle school, with our sibling, our best friend, and, maybe, as an adult after a couple of drinks. Most people perceive a battery as a…

We have read a lot of news articles discussing the significant overhaul to the Indiana Criminal Code.  In this blog we will summarize the proposed changes.  If passed this will represent the first major changes to the criminal code in more than 30 years.  Historically, changes have been made piecemeal, making for a very confusing and discombobulated code. Sentencing Categories First is the categories of Crimes.  Currently we have Murder and 4 felony levels (D-A).  The…

Am I In the Clear? Statute of Limitations on Criminal Offenses – We’ve all seen scenes out of Hollywood of actors running from police in fear of being arrested for bad behavior — and they are willing to risk it all for freedom. Putting aside the exaggerated plots you see in theaters, many people find themselves looking over their shoulders, metaphorically, in fear that criminal charges may be coming their way. That person may even…

How the Bonding Process Works in Criminal Cases: Almost everyone alive has heard of the words “bond” or “bail” as used in the criminal law setting. Many of us have heard about them while watching our favorite Western or Criminal Law show on TV — but did you know there are multiple types of bonds that can be ordered by a judge? Did you know that the level of bond can change from crime to…