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Concurrent means sentences are served at the same time, while consecutive means they are served one after another. For instance, a concurrent sentence allows someone convicted of multiple crimes to serve all punishments simultaneously. In contrast, a consecutive sentence requires serving time for each conviction sequentially. Judges decide based on factors like the severity of the crimes, the defendant’s history, and public safety. I.C. 35-50-1-2 When Defendants are sentenced in criminal cases often there are…

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…

If you or a loved one has been charged with a dealing in drugs case, it can be an extremely scary and intimidating process. From understanding the nuances of possession versus dealing to navigating the potential consequences of cultivating substances like marijuana, these situations require careful legal evaluation. This includes being charged with dealing in marijuana, dealing in a narcotic drug, dealing in cocaine, dealing in heroin, dealing in meth, or any of the multitude…

In the realm of property crimes, the terms robbery, burglary, theft, and conversion are often confused and used interchangeably. However, each of these crimes has its own unique definitions, characteristics, and penalties, which is why understanding the differences between these crimes is crucial. This blog explores those distinctions. Burglary Under Indiana Code 35-43-2-1, burglary is defined as the act of breaking and entering the building or structure of another with intent to commit a felony…

Simply put, yes!!! While most people have heard of Indiana’s Second Chance Law, which allows you to expunge convictions and arrests, sadly, a lot of people have no clue that there are quite a few exceptions to the rule. Below is a concise list of the crimes and/or scenarios that do NOT qualify for expungement. If you or a loved one are looking at getting a record expunged, contact the experienced Expungement Attorneys at Banks &…

In Indiana, there is a crime called “Financial Exploitation of Endangered Adult”. It is codified under Indiana Code 35-46-1-12. The most common situation is when someone is taking care of an elderly parent. Sadly, sometimes as a parent ages, they can lose the ability to control their own finances and decision-making. This is especially true in cases of Alzheimer’s and Dementia. A common remedy is that the elderly person can appoint one of their children…

When people think of an appeal in a criminal case, typically they are thinking of an appeal of the final judgement, or outcome.  An interlocutory appeal, however, occurs while the case is pending.  An interlocutory appeal targets a ruling of the trial court judge before the case goes to trial.  Indiana Rule of Appellate Procedure 14 lays out the framework for when interlocutory appeals are appropriate. Indiana Rule of Appellate Procedure 14 spells out two…

Perhaps you have received a call from a police officer or a detective asking you to come into the department to give a statement.  Another possibility is that a police officer or detective shows up to your home and asks you to answer some questions.  It could even be possible that law enforcement reaches out to you over the phone.  In all of these situations you may ask if you should cooperate and answer the…