In almost every single sex-based crime that is charged in Indiana, the stakes couldn’t be much higher. Whether someone is facing high fines, a lengthy prison sentence, a long-term sex registration, and/or the public stigma of a sex-based conviction, it is no wonder we receive so many calls on these types of cases. Many times peoples’ lives are on the line and they are desperate for guidance and help from an experienced Indianapolis Sex Crimes…
Drunk driving, or driving under the influence (DUI), is a serious offense. Law enforcement agencies employ various tools and procedures to detect and prosecute individuals who operate vehicles while impaired by alcohol. Two common methods used in DUI cases are certified chemical tests and portable breath tests (PBTs). While both are aimed at determining blood alcohol concentration (BAC), they serve different purposes and have distinct characteristics. In this article, we’ll delve into the disparities between…
When we are representing defendants against criminal allegations, our clients often ask what a judge might consider when imposing a sentence after a guilty verdict at trial or as part of a guilty plea, where the parties are free to argue the sanction to be received. While there is a wide range of considerations—such as the defendant’s personal history, the victim’s wishes, witness testimony, character letters, and the nature of the crime—many people don’t realize…
Key Takeaways The Fourth Amendment protects against unreasonable searches and seizures during traffic stops. Passengers may refuse identification without reasonable suspicion of a crime. Passengers have the right to remain silent under the Fifth Amendment. Passengers may leave a traffic stop if officers confirm they are not detained. Passengers may record police interactions if it does not interfere with duties. The Fourth Amendment to the United States Constitution states that every citizen shall enjoy the…
In the world of criminal law, not all laws apply equally to everyone. Some acts are only illegal because the person committing them is under a certain age. These offenses, which are illegal only for minors (individuals under 18) but not adults, are known as “status offenses.” In other states, it may be called, “Juvenile laws.” The term “status offense” is used because these crimes are based on the offender’s status as a juvenile. Additionally,…
Operating a vehicle while intoxicated is one of the most common charges in Indiana — in fact, hundreds of people around the state face these or similar charges in any given year. And, intuitively, most people know what that means. You can’t ‘operate’ a ‘vehicle’ while ‘intoxicated.’ Pretty straight forward, right? Not necessarily. Indiana lays out all the ways you can be charged with operating a vehicle while intoxicated in I.C. 9-30-5-1 through IC 9-30-5-15….
Criminal Rule 4 is an issue a lot of criminal defendants are aware of. It is a rule that specifies how long the State has to bring a defendant to trial. It’s a significant rule because, if it’s not followed, it could result in outright dismissal of the case. The rule is broken down into a few basic sections, however an underlying rule for ALL of Criminal Rule 4, is that any time the defendant…
Facing criminal charges in Indiana is a daunting experience. One of the most critical decisions you’ll make is whether to take your case to a jury trial or opt for a bench trial (where a judge decides your fate). This isn’t a one-size-fits-all answer, and understanding the positives and negatives of each option is crucial for making an informed choice. The Jury Trial: A Right and a Gamble In Indiana, as in the rest of…
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.