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Problem Solving Courts in Indiana

Certain counties around the state have put extensive time and resources into developing problem solving courts to help come up with creative solutions to criminal issues in our society. These courts are built around rehabilitation rather than punitive punishment to help give a different approach to certain types of crimes and situations such as drug, mental health, and veteran type issues. Although most of these programs have strict rules on eligibility, if you can get…

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Can a Victim Drop Criminal Charges Against a Defendant?

Surprisingly, one of the most common phone calls we receive as defense attorneys at Banks & Brower is that of a victim wanting to drop charges against a defendant and/or looking to hire us to help the defendant. And, even more unsurprisingly, as former prosecutors, these calls made up probably 50% of the calls we received when we worked for the state of Indiana. Why are they so common? The answer probably lies in the…

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Neglect of a Dependent in Indiana

What Constitutes Neglect of a Dependent? Indiana’s neglect of a dependent statute (I.C. 35-46-1-4) reads in pertinent part: A person having the care of a dependent, whether assumed voluntarily or because of a legal obligation, who knowingly or intentionally: Places the dependent in a situation that endangers the dependent’s life or health; Abandons or cruelly confines the dependent; Deprives the dependent of necessary support; or Deprives the dependent of education as required by law; Commits…

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Crimes that Disqualify You for Home Detention

A Look at the Crimes that Disqualify from Receiving Home Detention in Indiana In 2016, the Marion County Department of Corrections gave over 1 Million Dollars to hire additional staff to accommodate a large increase in home detention due to overcrowding. This puts the number of people on some form of home detention to over 3,000 in Indianapolis. This can be a preferable alternative to those who want to finish the remainder of their sentence…

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DUI Refusal Suspensions F.A.Q.

The Most F.A.Q. Regarding DUI Refusal Suspensions: Most people have heard by now that refusing to take a chemical test in Indiana as part of any DUI can lead to serious consequences. Some have heard that while it may result in serious consequences, you may be lucky and the officer will be too lazy to bring you in for a blood draw, and thus you avoid a DUI arrest. Regardless, the idea that you can…

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Prison v. Jail in Indiana

Generally speaking, if you’re convicted of a felony, you may be committed to prison.  There are a few exceptions that apply for level 6 felonies which are described below.  The term prison is used in reference to a facility of the Indiana Department of Corrections (IDOC).  Currently, there are 19 IDOC facilities throughout the state.  This include 3 women’s facilities, and 2 intake facilities.  The facilities are categorized as being either minimum, medium, and maximum…

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Warrants, Bonds, and Pre-Trial Release

In an effort to encourage trial judges to release those arrested of alleged crimes earlier, reduce expenses and overuse of jail resources, enable those arrested to return to their jobs and provide support for their families, and eliminate the unfair incarceration of those who cannot afford a bail, the Indiana Supreme Court adopted Criminal Rule 26. Criminal Rule 26 could completely change the bail/bond process courts use. Instead of assigning bond amounts to those accused…

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Anonymous Tipsters in Criminal Cases

Thanks to the Indiana Constitution, citizens have the right to be, “secure … against unreasonable searches and seizures.” Ind. Const. art. 1§ 11. This does not apply when a law enforcement officer has reasonable suspicion that criminal activity is happening. Does this sound vague? Reasonable suspicion is intentionally vague, permitting more information to reach officers. The Supreme Court held that to make, “reasonable suspicion determinations” the lower courts should look at the “totality of the…

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Brad Banks who has more than 20 years of legal experience as a criminal defense attorney.