Criminal Law

One of the most pressing questions a defendant faces in the legal system is: How long after a plea deal is sentencing? The time between accepting a plea bargain and sentencing can vary significantly based on court schedules, case complexity, and other local legal factors. The process may take anywhere from a few weeks to several months, depending on the specifics of the case and the efficiency of the courts in Indianapolis. At Banks &…

For those facing a possession charge in Indiana, this can lead to feeling overwhelmed; however, there are legal defenses available when faced with such a charge. How to Beat Possession Charge in Indiana If you are wondering how to beat a possession charge in Indiana, Banks & Brower has outlined everything you need to know, from key concepts to possible defense strategies and why you should consider hiring an attorney to help. What is Possession? Under Indiana…

It all depends on your profession, company policy, and legal requirements. Receiving a DWI may be an insurmountable situation, partly because most employees do not know whether or not to report the incident to their employers. If you ask yourself, “Do you have to report a DWI to your employer?”—this guide will help clarify things. At Banks & Brower, we have years of experience guiding Indianapolis clients and addressing these nuanced situations. Below, we’ll explore…

Indiana law has long classified certain sentences as “non-suspendible.”  What does non-suspendible mean, you may be wondering.  A suspended sentence is one which is formally imposed but not required to actually be served.  An executed sentence is one in which a person is committed to the Department of Correction.  And in some circumstances, the Indiana legislature has determined that a court is without power to suspend some portion of sentence. Generally speaking, Indiana law allows…

Operating a Vehicle While Intoxicated (OVWI) is one of the most common crimes that people are charged with.  Most of us have unfortunately made the choice to get behind the wheel after having a few drinks.  The nightmare scenario under those circumstances is getting pulled over and becoming the target of an OVWI investigation.   While there are several steps to an OVWI investigation, arguably the most impactful occurs when the police officer offers the suspect…

Diversion is a program that postpones the prosecution of criminal charges for a set period (usually one year). If all the program’s terms are met during this time, the charges may be dismissed. Many people who have committed their first criminal offense find themselves eligible for a diversion. A diversion is an agreement between the State and a criminal defendant that essentially says, “If you pay a fee and do either some community service or…

Key Takeaways The US and Indiana constitutions guarantee the right to a criminal trial. About 90–95% of criminal cases resolve through plea agreements. Roughly 5–8% of criminal cases end through dismissal or diversion. Only about 2–5% of criminal cases proceed to trial. Trials occur more often in serious charges like murder, violent crimes, or sex offenses. The fundamental right to trial is something that is guaranteed and enumerated in the constitutions of both the US…

A Class 6 felony charge is the least serious type of felony charge one can face in Indiana, but it still comes with some serious consequences that can impact one’s life. So, what is a Class 6 Felony? In Indiana, felonies are divided into six classes with Level 6 being the least harsh. Though, of lesser severity as Level 1 to Level 5 felonies, a conviction for Level 6 felony may result in imprisonment, fines as well…