Criminal Law

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Understanding Spousal Immunity in Criminal Cases

Understanding Indiana’s Law on Spousal Immunity In every marriage, on a daily basis, spouses share information with one another they would never dare share with anyone else. In fact, many times, secrets that are shared between spouses are often incredibly personal, with a deep understanding that what is said between the two of you stays just that — just between the two of you. Much like the confidentiality you rely on with your doctor, your…

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A Look At Indiana's Self-defense Law

In today’s blog the Indianapolis Criminal Defense Attorneys at Banks & Brower take a look at your right to self defense in Indiana. It is an important right recognized by law, but as can be seen below at can be difficult in its implementation. The Indiana legislature felt so strongly about the right to self-defense that they put in the legislation an explanation of the importance of the law.  A rather unusual circumstance. Per Indiana…

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Pleading Guilty in a Criminal Case & the Rights You Waive

What Am I Giving Up By Pleading Guilty? – Did you know that only 90-95% of criminal cases never go to trial? In fact, of the remaining 5-10%, roughly half are dismissed by prosecutors for some reason or another, and then roughly the remaining half see the inside of a court room for trial. Many are amazed at this statistic, but once you think about it, it makes sense. With the threat of additional charges,…

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A Review of the Most Common Alcohol Related Offenses in Indiana

It is  summer time, so this week’s blog takes a look at alcohol related offenses. Regardless of the offense, the Indianapolis Criminal Defense Attorneys of Banks & Brower can help you. Possessing, Using, or Furnishing a Fake ID:  If you possess or use a fake ID then it is an infraction and you can be subjected to a fine and in some instances a license suspension.   For those trying to profit off of kids…

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Understanding Indiana's Laws on Fireworks

Those Lame Sparkler Days are Over – Let the Rockets Fly!!! – Many people recall the days in Indiana when large, aerial based consumer fireworks were off limits to residents within Indiana’s boundaries. Each time you bought one of the larger, consumer fireworks (not the notoriously lame and legal sparklers, ground spinners, cone fountains, wheels, and cylindrical fountains) you had to sign a waiver whereby you agreed to carry the fireworks across state lines —…

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Attorney Search Factors to Consider

So the worst has happened.  The police have arrested you.  You are confused, scared, and shocked.  You don’t believe you have done anything wrong, but the police have built a case against you and now you are facing possible prison time.  Your very freedom is at stake.  When you are facing such a dilemma, you need a lawyer that is on your side.  But, how do you know who to hire?  What kind of things…

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Understanding Federal Court and its Federal Sentencing Guidelines

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…

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Understanding Miranda and Your Rights

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,…

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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.