A quick look at the Supreme Court’s recent ruling in State of Indiana v. David Brown on whether Miranda warnings apply to DUI checkpoints. On March 2, 2017, the Indiana Supreme Court determined, as a matter other f first impression, that Miranda warnings are not required when a driver was detained at a sobriety checkpoint. This case stemmed from a 2013 incident where the Indianapolis Metropolitan Police Department established a checkpoint to apprehend and deter…
Understanding Credit Time in Criminal Cases Whenever someone is sentenced in a criminal case in Indiana, the Court takes great concern to appropriately and accurately apply any credit time the defendant is afforded when carrying out the formal sentencing. It is incredibly important because no one should ever serve more time for any offense above and beyond what the level of offense requires minus the time they have already served — otherwise, they can serve…
A Quick Look at Bond Revocation Hearings Most people have heard of bond or bail — in fact, most people can name the different types of bond such as cash, surety, personal recognizance, etc. While a bond is an amazing thing–it is a mechanism to keep you out of custody while your case is pending–it can be a fragile thing. It is a tool that the courts and prosecutors use as leverage if and when they decide to…
Wrongfully Accused of a Sex Crime in Indiana? Obviously, a blog like this can be difficult to write and read. That’s because there are hundreds of thousands of legitimately-reported, fully and rightfully prosecuted sex crimes cases across this country on any given year. And, without question, those cases are incredibly sad to hear about and can be difficult to be a part of as defense attorneys. This blog is not meant to take away from…
A Quick Look at the Consequences of Refusing a Chemical Test in Indiana: A substantial number of our clients who have been charged with a DUI tell us that after they were pulled over, they refused the tests the officer asked them to do because once upon a time that’s what they heard or were told you’re supposed to do. The theory is that if there is no test, then it will be difficult or…
Indiana Administrative Code 260 IAC 2-1 – Breath Test Operators & Instruments Everyone on earth, it seems, has heard of a “breathalyzer” test in every single run of the mill Driving Under the Influence (hereafter “DUI”) and/or Operating a Vehicle While Intoxicated (hereinafter “OVWI”) case. But, did you know there is an entire administrative code section drafted by the Indiana legislature to address how breathalyzers are to be certified, who can administer them, and how…
Indianapolis Criminal Defense Attorney Blog: I’m HTV How Can I Drive Again? So you have gotten a few bad convictions on your record or several tickets a one really bad driving conviction and the BMV has just notified you that you are now a habitual traffic violator and you have a VERY long license suspension. Now what? Public transportation is not exactly reliable in Indiana. So what are the options? A Review of Your Driving…
A Quick Look at the Impact of Being Non-Suspendible and the Community Corrections Option: Being charged with a crime is undoubtedly a frightening situation for many reasons. The most terrifying of which has to be the possibility of time behind bars. When someone is charged with a crime, whether it be a misdemeanor or a felony, there is always the risk that they may spend some time incarcerated. The more serious the charges, the more…
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.