Criminal Law

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…

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…