Criminal Law

Have you been offered a diversion, and have no clue what it is or if you should accept it? You are not alone.   A diversion, in the simplest terms, is the State’s offering to withhold prosecution of a criminal offense for a time period as the parties agree to certain conditions that must be met, and if they are, a dismissal of criminal charges will follow. In other words: a diversion agreement is a conditional…

Key Takeaways The Fourth Amendment protects against unreasonable searches and seizures during traffic stops. Passengers may refuse identification without reasonable suspicion of a crime. Passengers have the right to remain silent under the Fifth Amendment. Passengers may leave a traffic stop if officers confirm they are not detained. Passengers may record police interactions if it does not interfere with duties. The Fourth Amendment to the United States Constitution states that every citizen shall enjoy the…

Like the sun rising each morning, each legislative session in Indiana brings a plethora of proposed bills to the floor for our legislators to consider.  While the vast majority of bills are not enacted, each year at least a handful impact the criminal justice system.  It is important for both citizens and criminal defense lawyers to stay knowledgeable of changes which may impact them, so this week’s blog from Banks & Brower highlights some of…

On January 11, 2023, Chief Justice Loretta Rush reported in her State of the Judiciary to the Indiana legislature that there were 36,000 pending new Protection Orders in our courts.  In today’s blog we discuss a basic introduction to the Protection Order process, and the due process that you should receive as either a person petitioning the court for protection, or the person whose freedom is being restrained by the order. The Act is intended…

For parents, the news of a child’s arrest can be terrifying and disorienting. You may be asking yourself what the options are when your child gets in trouble. Unlike the adult criminal justice system, Indiana’s juvenile law prioritizes rehabilitation over punishment. However, that doesn’t mean the process is without serious consequences, particularly when it comes to juvenile detention. Understanding the immediate legal procedures and rights involved is crucial for any family facing this challenging situation….

When someone is convicted of a crime in Indiana, one of the first questions their family often asks is: “What kind of prison will they go to, and what does that mean for their safety and future?” This concern is valid—Indiana has multiple correctional facilities, each with its restrictions, privileges, and risks. Understanding these distinctions is crucial, particularly for those facing serious or violent charges. In this blog, we’ll break down the prison system by…

Getting pulled into a criminal case when you didn’t actually commit the crime can feel confusing, frustrating, and downright unfair. Unfortunately, it happens more often than people realize, especially in Indiana where the law allows someone to be charged as an accomplice under certain circumstances. It’s common to ask, “Why am I being accused of a crime I didn’t commit?”   Indiana Code § 35-41-2-4 states: A person who knowingly aids, induces, or causes another…

The short answer is no, they don’t. Despite what rumors you might hear, there are no technicalities that can get you out of a speeding ticket that easily. At the end of the day a traffic infraction of any kind is a civil case, which means the state needs to prove their case “by a preponderance of the evidence”. This means “more likely than not”, or “probably” or “51% chance that it happened” if you…