Criminal Law

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…

“Possession is nine-tenths of the law” is a very familiar saying, but you may not know that there are different types of possession.  The two main types of possession recognized under federal law and in practically every state are actual possession and constructive possession. These concepts are not statutorily proscribed but instead have evolved through case law. Moreover, these types of possession apply not only to drugs, but to any item that may be deemed…

In Indiana, Level 5 felonies are among the most serious charges within the state’s classification and penalization. Possible results include imprisonment, large fines, and an additional lifelong criminal record. Offenses could be fraud, theft, or drug-related. With Banks & Brower, we understand the complications within Indiana’s legal system. We are here to assist you with knowledgeable, well-educated defense methods. Potential Imprisonment for Indiana Level 5 Felonies How many years is the imprisonment for a Level…