Indianapolis Criminal Defense Attorney

 

Criminal Lawyer Indianapolis

Criminal defense is a highly nuanced area of law that requires expertise from assertive, driven, and experienced defense lawyers. The legal team at Banks & Brower is all of these traits and more. Attorneys Brad Banks and Adam Brower are former Indiana prosecutors and give our law firm a unique, inside perspective on criminal cases. You’ll have a team with prosecution experience on your side, giving you an edge in the courtroom and insight into how the other side thinks and strategizes. We have the tools, resources, and talent you need for unwavering criminal defense in Indianapolis. We offer free consultations and are available to take your calls 24/7 – Contact an Indianapolis criminal defense lawyer from our law office today to schedule a free case evaluation by calling (317) 870-0019 or filling out an online contact form.

Why Choose Our Indianapolis Criminal Attorneys?

• Indianapolis criminal defense lawyers, our attorneys are former prosecutors who are prepared to defend your rights.
• We are available 24/7 to take your call.
• We offer no-obligation free consultations.
• We have a history of successful cases – see client testimonials.
• We have more than 80 years of combined legal experience.

Types of Criminal Cases We Handle

Federal Crimes

Federal crimes are serious offenses that violate U.S. federal law and are prosecuted by agencies such as the FBI, DEA, ATF, and the Department of Justice. These crimes are generally more severe than state offenses and carry harsher penalties, including significant fines and lengthy prison sentences. They encompass a wide range of illegal activities, from financial fraud to violent acts that threaten national security.

Common federal crimes include white-collar offenses like fraud, embezzlement, and money laundering, as well as drug trafficking, cybercrimes, and firearms violations. Other serious federal offenses involve human trafficking, immigration violations, terrorism, and organized crime. Due to the complexity and high stakes of these cases, individuals facing federal charges often require strong legal defense to navigate the strict federal court system.

Sex Crimes

Sex crimes in Indianapolis encompass offenses such as sexual assault, child molestation, and possession of child pornography. Convictions can lead to severe consequences, including imprisonment, mandatory registration as a sex offender, and significant social stigma. Indiana law imposes strict penalties to deter such offenses and protect the community.

DUI/DWI Offenses

DUI/DWI in Indianapolis involves driving with a BAC of 0.08% or higher, or driving while impaired by alcohol or drugs. Repeat offenses lead to enhanced penalties under Indiana law.

Fraud & Financial Crimes

Common financial crimes in Indianapolis include identity theft, credit card fraud, and embezzlement. Indiana laws impose penalties based on the monetary value of the crime.

Property Crimes

Property crimes in Indianapolis include theft, burglary, arson, and vandalism. Indiana law classifies them by the value of the property and circumstances of the crime.

Robbery Defense

Robbery in Indianapolis involves using force or threats to take property. Aggravated robbery (e.g., involving firearms) carries harsher penalties.

Battery

Battery charges in Indianapolis can range from simple physical altercations to aggravated cases involving weapons or serious injuries. Indiana law increases penalties based on the victim’s status (e.g., police officer, child).

Domestic Violence Offense

Domestic violence cases in Indianapolis involve acts of violence or threats against a family or household member. Protective orders are often issued immediately upon arrest.

Juvenile Crimes

Juvenile crimes in Indianapolis are adjudicated in the Marion County Juvenile Court. The focus is on rehabilitation, but severe crimes may lead to minors being charged as adults.

Expungement

Indiana has a “Second Chance Law,” which allows individuals to seal criminal records under specific conditions, such as the time since conviction or completion of the sentence. Expungement in Indianapolis is particularly valuable for improving employment and housing opportunities.

The more you know about the criminal justice system in Indiana, the better you can navigate it. As always, seek help from your attorney with any questions or concerns you may have. Banks & Brower’s Indianapolis criminal defense attorneys have more than 80 years of combined experience, a record of excellent legal representation, and can help you with your individual case in Indianapolis. Call us as soon as possible after an arrest at (317) 870-0019. You can also request your free initial consultation online.

What Crimes In Indiana Hold Tough Penalties?

Our experienced team can deal with all types of criminal charges. No matter whether your criminal charge is a felony or misdemeanor, it can have serious effects on your future and life. If you are facing any of the following sentences, contact our Indianapolis criminal defense lawyers immediately, we can take your call 24/7.

Penalties for Misdemeanor Charges in Indiana

• Class C Misdemeanor: This is the least serious offense, however it can have a punishment in Indiana, by up to 60 days in jail and fines that could be up to $500. An example of a class C misdemeanor is a minor in possession of alcohol.
• Class B Misdemeanor: You could face up to $1,000 in fines and 180 days in jail. An example of a Class B misdemeanor is public intoxication, the possession of marijuana in Indiana, or operating a vehicle while intoxicated and endangering another person.
• Class A Misdemeanor: This is the highest level in the state of Indiana, this can result in up to $5,000 in fines and at most one year in jail. An example of a Class A misdemeanor is the possession of marijuana in Indiana, or a DUI and endangering another person.

Penalties for Felony Charges in Indiana

• Level 6 Felony: If charged with a level 6 felony, this can result in between 6 to 18 months in state prison. A common crime that results in Level 6 felony charge is theft.
• Level 5 Felony:  This can be punishable between 1 and 6 years in state prison, with a $10,000 maximum fine. A common level 5 felony includes, battery that results in a serious injury.
• Level 4 Felony: These types of charges can carry a sentence between 2 years to 12 years in prison and a maximum fine of $10,000. Residential burglary is one common crime that can result in this sentence.
• Level 3 Felony: This carries a sentence between three and 16 years in prison with a fine of up to $10,000. A common level 3 felony includes aggravated battery.
• Level 2 Felony: This can be punishable between 10 and 30 years in prison and a maximum fine of  $10,000. Voluntary manslaughter is one example of a “2” felony.
• Level 1 Felony: This level of felonies is reserved for the most severe criminal charges in Indiana. A conviction can result in 20 to 40 years in prison.  Attempted murder is an example of a “1” felony.

If you want to learn more about sentences for misdemeanor charges or felony charges in Indiana, read more on our sentencing blog.

Do You Need a Criminal Defense Lawyer?

Our firm will almost always recommend hiring an Indianapolis criminal defense attorney if someone has accused you of a crime or the county has issued a formal charge against you. This is because a criminal conviction could ruin your life. Even without a conviction, the charge alone could impact your reputation or hurt business. A good criminal defense attorney can stay ahead of developments to your case, keeping you updated with the latest information and actions you can take to protect your future. Working with the right lawyer can help in virtually any criminal case, from a driving under the influence (DUI) arrest to allegations of crimes against children.

A criminal defense lawyer is necessary, as going up against the prosecution alone can be a difficult task. Anyone with even a cursory understanding of criminal law will recommend professional representation during arraignments, hearings, and trials. If you can’t afford to retain a private attorney, ask the courts to assign you a public defender. A public defender might not have the time or attention to dedicate to your case like a private firm would, but it’s better than choosing to self-represent. When your entire future is at stake, don’t trust anyone but a licensed attorney with your case.

The burden of a criminal charge can weigh heavily on your mind. Partnering with a reputable and proven criminal defense lawyer can significantly ease the burden, helping you achieve confidence and peace of mind. Whether you’re facing criminal charges relating to drug or alcohol crimes, violent crimes, assault and battery, crimes against children, fraud or financial crimes, robbery, burglary, sex crimes, theft, property crimes, or minor consumption, Banks & Brower can help. We can also assist with criminal record expungements in Indianapolis.

What Makes A Good Criminal Lawyer?

One of the main questions a defendant asks when facing a potential criminal offense is, “who is the best criminal defense attorney in Indiana?” And, if you think about it, that makes sense. Criminal cases have the potential to have lifelong consequences. So, it leads to the reason that anyone who is facing a criminal offense is going to try to track down the best criminal attorney for their particular case. The list below is meant as a quick guide to finding the best Indianapolis criminal defense lawyer for you in any given situation. Obviously, choosing a lawyer is a very personal decision. Many factors go into deciding who to hire and, while you may find someone that you truly think would be best based on the factors below, other factors can have an influence such as location, price, and availability. However, we hope these ten factors will help lead you in the right direction.

Knowledge of the County and Players (Judge and Prosecutors)

While this factor may have been more important a few years ago, with the advent of technology and the internet, it is much easier for attorneys to have a presence throughout the entire state. The old adage was hire a courthouse square lawyer who has beers with the prosecutors and/or judges. While that could be helpful in some situations, most lawyers are able to build relationships with prosecutors and judges all throughout the state during as they travel through the state. As such, the courthouse square lawyer is not so necessary. However, what is necessary is an awareness of all the relevant players in the county where the case exists. Your lawyer should know (and be known by) all the prosecutors and judges involved. The knowledge of the players involved helps the lawyer develop a strategy on how best to move forward with the case. If you don’t have that knowledge, you don’t know what you don’t know. Banks & Brower’s Indianapolis criminal defense attorneys have extensive knowledge of the court system in Indiana and are also former prosecutors, this gives us the upper hand when it comes to fighting for your freedom and rights.

Years of Experience

The old saying of “you can’t buy experience” is true for lawyers. The only way you can become seasoned is to practice law as often as you can for as long as you can. That requires trying cases to jury and bench, managing large caseloads, and traveling the state to meet and form relationships. Prosecutorial experience is good as well. Another important factor is whether or not an attorney has experience in a certain area of law. For example, if you are charged with a sex crime, it almost always makes sense to hire someone who has prosecuted sex crimes in the past and/or has handled many sex-related offenses — especially crimes involving children. The rules of evidence are very unique in that area of law and experience is crucial. The same goes for DUI’s and drug-related offenses. So, if you are facing crimes of that nature, look for attorneys with experience in those areas. Banks & Brower has over 80 years of combined criminal law experience.

Online Reviews

While there is a saying that there is no such thing as bad publicity, that isn’t true in criminal law. The best place to find a good lawyer is reading online reviews of lawyers. While a lawyer cannot make clients happy 100% of the time, you should find people with at least a 4.8/5.0 rating with over 50 reviews. Otherwise, the sample is too low. We would also caution people into hiring lawyers with no reviews are very few reviews with only high marks. If you are representing a lot of people over a long period of time, you should have multiple reviews. A good sample size is 50, as that is just enough to show experience and will likely show you a range of perceptions of the lawyers.

Personality of Lawyer

This is crucial. While personality doesn’t always matter in a case, it does the majority of the time. You will be spending countless months with your attorney, so having one you like it important. However, even more importantly, the lawyer needs to have a personality that others like (i.e. court staffs, prosecutors, other lawyers, and judges). It is amazing the number of lawyers out there that are despised by the opposition. While consternation is powerful in certain situations, chronic personality conflicts is a problem. You get more honey with kindness than vinegar. What prosecutors need to know is that your lawyer can be tough when necessary. However, being tough for tough sake is not helpful. Personality goes a long way and is often mentioned in reviews from former clients as well.

Availability & Access

One of the main things that makes a client happy or upset is their access to their lawyer. We at Banks & Brower are available 24/7, but not all firms are like that. While it is OK for your lawyer to be busy, as that shows success, however you still want a lawyer that is timely, responds quickly, and is accessible when you need them. Going through a criminal case is a very stressful situation. And, as we say in the business, people don’t typically get in trouble from 8 am to 5 pm, Monday through Friday. As such, lawyers need to be available as often as the clients need them. You can typically find out someone’s availability and access by reviewing their online reviews as well. If someone has a lot of reviews, there will typically be information on their availability and access.

Good Staff, Office Size & Case Management

Every good lawyer has good staff. While solo practitioners may be cheaper because their overhead is low, it almost always makes sense to hire a lawyer from a firm that has paralegals, interns, and other lawyers who can be there to assist. A lawyer can only be in one place at a time, and when they are traveling all over the state, they need staff to assist their clients when needed.Whether it is help with court coverage, filing legal documents, and/or maintaining client contact, office staff is crucial. Along with good office staff, a good client management system is essential. Here at Banks & Brower we use a Clio Software program that shares everything with the client electronically. That includes dates, times, documents, and billing. A good case management system allows for transparency, which is essential to any good client relationship.

Prosecutorial Experience

Not everyone has been a former prosecutor. However, having been one is priceless experience. The experience having been a prosecutor allows your lawyer to know both sides of every issue, to think critically, and to evaluate cases appropriately. Knowing how they think is a great advantage to your defense…and you only know that by having been a prosecutor. Having been a prosecutor also guarantees trial experience and skill. Anyone who has been a successful prosecutor has tried tens if not hundreds of trials, and that litigation experience is essential in defending clients in the future. Not all firms have former prosecutors working there, however, three attorneys at Banks & Brower were former prosecutors – Brad Banks, Adam Brower, Bill Federick, Eric Massey, Joe Wyckoff, and Brian Johnson.

Legal Associations, Accreditation, and Awards

When reviewing any potential lawyer, it is important that you check and see if they are apart of any professional organizations, if they have been awarded any accolades, and whether or not the have a strong industry recognition. When outside agencies name the attorney to directors of other distinguished lawyers, it shows they are accepted by the legal community, have had success in their respective field, and have been verified by the accreditation boards associated therewith. Any good lawyer who has been around and had success should be named to distinguished legal societies, be apart of local bar programs, and or have received awards for their legal skills. Otherwise, they may not have the experience that is necessary to defend you appropriately.

Successful and Diverse Trial Experience

Without a doubt, this is one of the most important factors to consider. Why? Because prosecutors have to have some level of fear and/or respect for your lawyer that if a deal isn’t reached, that your lawyer is a good trial litigator. Otherwise, the prosecutor will dig in and refuse to negotiate, as they have no respect for your lawyer as a litigator. If you have tried tens and hundreds of trials, you have the skill set and confidence to litigate any type of case. If you are scared of the courtroom and/or a jury, you cannot advocate for your client the way you should. As such, one of the first questions you should ask any attorney is, “how many cases have you tried, and how often were you successful?”

Reputation in the Legal Community

This is without question the most important factor. If you do research on your lawyers, look for anything that talks about the reputation of the lawyer and industry recognition. You do not want to walk into a courtroom with a lawyer that no one respects and laughs at. You want someone that everyone respects and has confidence in. You want someone that everyone knows and trusts. Otherwise, you will be perceived the way your lawyer is…and that can be a dangerous thing….so don’t risk it to save a couple of bucks. You typically get what you  pay for.

Related Criminal Defense Articles:

• How Often Do Criminal Cases Go to Trial?
• What is a Criminal No Contact Order?
• I’ve been falsely accused of a crime – what do I do?
• Criminal Contempt in Indiana
• What’s new in the Indiana Rules of Criminal Procedure?
• What Is a Class 6 Felony?

Schedule a Free Case Evaluation 24/7 with Our Indianapolis Criminal Defense Lawyers

Banks & Brower’s experienced Indianapolis criminal defense lawyers have a history of success and will fight for a fair trial and fair results in order for you to receive the best outcome. Our law office offers free consultations and are available to take your call 24/7. We are highly rated and trusted by our clients. Don’t wait any longer to gather a defense team who will investigate your case and make sure your rights are being protected. Give us a phone call today to schedule a free consultation (317) 870-0019.

Steps in an Indianapolis Criminal Case

As a criminal defendant in Indianapolis, it helps to know what to expect during your criminal case. While each case is unique and may involve particular actions and processes that others will not, there is a basic system the majority of Indianapolis criminal cases follow. Learning about the path of a criminal case can give you more information about the case against you, as well as your rights and responsibilities as a defendant:

1. Arrest: The Indianapolis Metropolitan Police is the main law enforcement agency making arrests in Marion County, Indiana. Police must follow certain rules when making an arrest, including specific arrest protocols. During arrest, do not answer any questions until you have an attorney present. The less you say during arrest and detainment, the better.
2. Screening: Law enforcement officers make arrests, but they are not the entity that actually brings charges against suspects. Instead, the District Attorney or other government entity will conduct an investigative report into the arrest and determines whether or not to formally charge the individual with a crime, and if so, what crime to charge.
3. Initial hearing: Do not miss your initial hearing date. Show up on time and in proper attire. Communicating with a criminal defense attorney before your initial hearing can give you important advice and information about your case. This hearing is where the court will inform you of any formal charges against you.
4. Discovery phase: The discovery phase is a time period (taking a few weeks or months) in which your attorney will investigate the prosecution’s case to find out what evidence they may or may not have against you, which witnesses they might bring in to testify, and other information. Discovery typically involves depositions of both sides.
5. Pre-trial conference: Before your official trial, the judge in charge of your case will check with the attorneys of both sides to assess the progress of the case. Both parties will meet before the judge in an effort to expedite the case, discourage unnecessary pretrial activities, improve the quality of the trial through adequate preparation.
6. Review of counsel: This other pretrial activity serves to help you retain a free or low-cost public defender if you have not already retained a private attorney. Most parties will qualify for a public defender if they cannot afford a lawyer.
7. Negotiations: Your attorney will discuss your case with you to come up with the best possible defense strategy. Give your lawyer all the facts of your case – even those you feel incriminate you. The law obligates your attorney to act in your best interests, and to keep all information in the lawyer-client relationship strictly confidential.
8. The plea agreement and sentencing: If you and your attorney agree to enter a plea deal, you will strive to reach an agreement with the courts. At this point, your case can end and you will receive your sentence.
9. Jury trial: If you cannot reach a plea deal or other agreement at this point, a jury trial will ensue. In these cases, a jury of your peers will listen to both sides of the case and determine if you’re innocent or guilty. If not guilty, you are free to go without a criminal conviction. If guilty, the judge will issue your sentence.

Criminal Defense FAQs

How much does a criminal lawyer cost in Indianapolis?

The amount that you can expect to pay when hiring an Indianapolis Criminal Defense Attorney will depend on the complexity of your case, the attorney’s experience level, and the possible penalties. Certain charges, like basic misdemeanors, may cost less, while more serious felonies might dwell on significant litigation, contributing to higher fees. The felony defense lawyer’s fee may start from $5,000 and may go up to $25,000 and more. Their rates are usually flat rates or hourly rates. In addition, court filing fees, expert witness fees, investigation services, administrative fees, or other case-related expenses could be added. 

Discussing these details upfront is vital to avoid surprises and fully understand what expenses to expect throughout the process. Therefore, it is very important to know the whole extent of possible charges during your consultation and what exactly is covered under the total fee agreement. 

Our Criminal defense lawyers will not only charge a lower retainer but will also provide you with payment plans, financing options, or a discount for making an early payment. Such approaches can make the purchase of ticket legal services more accessible and manageable for a variety of clients, whether facing significant expense, financial pressure, or long and grueling combat in uniquely resource-intensive complex or combative legal matters. 

The experienced criminal defense attorneys at Banks & Brower in Indianapolis review your case and clearly explain the costs of all services. Contact us today to discuss your legal needs.

What happens if you can’t afford a lawyer in Indianapolis?

If you cannot afford an attorney in Indianapolis, you are entitled to the appointment of a public defender. This right is provided for persons accused of any crime which can result in imprisonment by the Sixth Amendment of the U.S. Constitution. When a person is deemed indigent—with limited assets or insufficient funds to hire private counsel—a public defender or court-appointed lawyer will be assigned to their case by the court, ensuring they receive fair representation in the legal system, regardless of the severity or complexity of the charges they may be facing.

The courts determine indigency and a small application fee may be required for the public defender services. Public defenders are highly qualified professionals who handle everything from misdemeanor cases to felonies, including severe penalties. While highly qualified, public defenders often have numerous cases and may not have as much time to devote to each individual client. If you are unsure of eligibility, request an assessment during your court appearance or consult with court officials regarding detailed guidance that will help you understand rights, options, and important steps to ensure you navigate your legal situation effectively and feel well-prepared throughout the process.

How do I talk to a criminal defense attorney in Indianapolis?

Speaking with a criminal defense attorney begins with scheduling a consultation, where you can share the details of your case and discuss potential legal strategies. At Banks & Brower, we make this process simple and confidential. During the consultation, bring some crucial documents, including a police report, a court notice, or any other communication regarding the charges. All details should be discussed so that the attorney can better defend you based on your situation and aim at the best possible results.

When speaking with an attorney, feel free to ask questions about their experience, approach to similar cases, and anticipated outcomes. Open communication is vital to building trust and ensuring a productive attorney-client relationship. Whether you’re facing a misdemeanor or felony, our Indianapolis-based team of skilled attorneys is here to listen, advise, and represent your interests. Banks & Brower can provide guidance every step of the way—contact us now to begin your defense and take the first step toward resolving your case.

What is the highest a criminal lawyer can make?

Top-tier criminal lawyers can earn significant incomes, particularly those with extensive experience or specialized expertise. Salaries vary widely based on geographical location, the firm’s size, and the attorney’s reputation. Private criminal defense lawyers with expertise make over $200,000 a year. However, some genuinely well-known attorneys have much higher incomes from high-profile cases, corporate clientele, and specialized practice areas.

Naturally, public defenders and entry-level criminal attorneys earn less, but their work remains critical to the justice system. Additionally, criminal defense attorneys may charge higher rates depending on the area of practice, such as white-collar, violent, or federal cases that are more complex and riskier to deal with, requiring more specialized knowledge. Successful criminal lawyers have a reputation for winning high-profile cases, which allows them to charge higher rates for top legal representation in Indianapolis; Banks & Brower delivers proven success in defending clients against various criminal charges with expert advocacy and tailored support.

Banks & Brower Practice Areas 

• Dui Defense 
• Drug Crimes
• Domestic Violence 
• Sex Crimes