best criminal attorney

Life can throw curveballs, and sometimes those curveballs can leave a lasting impact on your record. A criminal record, even for a minor offense, can create significant barriers to employment, housing, and other opportunities. Fortunately, Indiana law offers a path to a fresh start through expungement. At Banks & Brower, we understand the complexities of Indiana’s expungement process and are here to guide you through it. What is Expungement in Indiana? Expungement, also known as…

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…

“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…

Criminal cases can sometimes involve defendants that are mentally disabled, but not to the extent that they are excused for their crimes. However, the State legislature has acknowledged the fact that sometimes the Courts need more sentencing options for these types of defendants. Often, prison or other traditional sentencing options are not appropriate for a mentally disabled defendant. Defendants in this category would frequently benefit from services in the community, specifically tailored to their disability….

Reasonable doubt is a legal standard in criminal cases, requiring the evidence to be so convincing that a reasonable person would not hesitate to act. This high standard protects defendants, as the prosecution must prove guilt beyond a reasonable doubt—though not to absolute certainty. In contrast, civil cases use lower standards like “preponderance of the evidence” or “clear and convincing evidence.” Anyone and everyone that has ever watched a crime show on TV can tell…