Criminal Law

Criminal accusations bring stress, uncertainty, and questions about what’s next. Maybe you’ve been charged, or your name has surfaced in an investigation. Either way, understanding what you’re facing is essential. A key distinction is the difference between charged and convicted—the line between accusation and a formal finding of guilt. At Banks & Brower, we help clients across Indianapolis and all of Indiana protect their rights and build focused criminal defense strategies based on the facts…

Many of our attorneys have served as Deputy Prosecuting Attorneys in Indiana, including in both Hamilton County and Marion County. This includes experience in “vertical prosecution”. In the “vertical prosecution” model, a deputy prosecutor works in tandem with other law enforcement officers to investigate allegations of criminal activity, determining which charges to file, resolving the case through the court system. This provides the deputy prosecuting attorney to experience in the investigative process first- hand while…

Capital punishment has long been a hot-button issue in the United States. Death penalty proponents argue that it serves as a deterrent to others from committing crimes, while its opponents argue that the death penalty has no effect on violent crime rates and is instead cruel and unusual punishment. Here at Banks & Brower, experienced criminal defense attorneys have written this in-depth guide to the death penalty to provide insights into some of the complexities…

  It goes without saying that the crime of rape is one of the most serious crimes in existence. In Indiana, the penalty range for rape can be anywhere from 3-40 years in prison. Notwithstanding the prison sentence, a rape conviction will carry a lifetime sex offender registry requirement as well as the label of being a sexually violent predator. The Indiana rape statute is found at IC 35-42-4-1, and it provides that: “(a)…a person…

Many of our competitors have written blog posts listing the “best criminal defense attorneys in Indianapolis.”  Their self serving blog posts then create a list of local defense attorneys, and surprise surprise, they list themselves as the number one rated criminal defense attorney in Indianapolis. We believe you are smarter than that.  How self serving and gaming with Google can you be to create a “best” list, and then just put yourself at the top…

Circumstantial evidence is indirect evidence that suggests a fact through inference rather than directly proving it. What is circumstantial evidence? It is evidence that relies on a chain of reasoning to connect it to a conclusion about guilt or innocence, unlike direct evidence—such as eyewitness testimony. While some people may believe circumstantial evidence is inherently weaker, this is a misconception. Courts and juries frequently rely on circumstantial evidence to make decisions in criminal cases. At…

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…