If you’ve been convicted of a crime in Indiana, you may be wondering if you can appeal. With some exceptions, the answer is yes. We help many people seek a “second look” at their cases by the Court of Appeals. A conviction after trial isn’t necessarily final, but failing to pursue an appeal quickly can mean the loss of the ability to do so. An appeal is initiated by filing a document called a Notice…
Anyone and everyone that has ever watched a crime show on TV can tell you that the standard of proof in any criminal case is “Beyond on a Reasonable Doubt.” Most people, intuitively, think they know what that means — until they actually stop to think about it. It is one of those phrases we all know innately (much like Miranda), and yet we all think we understand it until we are placed on a…
A home is someone’s most intimate and familiar place. Home is supposed to be where a person should feel safe. As such, the 4th Amendment to the United States Constitution protects individuals from unreasonable searches and seizures by the government. The Fourth Amendment stands for “the right of a man to retreat into his own home and there be free from unreasonable governmental intrusion.” Silverman v. United States, 365 U.S. 505, 511 (1961). When the…
Many times, 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 are a myriad of considerations that go into a possible sanction, such as the defendant’s history/characteristics, the victim(s) wishes, testimony at the sentencing by witnesses,…
The Fourth Amendment to the United States Constitution states that every citizen shall enjoy the right “to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” While this right applies to passengers and drivers during a traffic stop, you have slightly different rights and responsibilities as a passenger. While the police have the authority to ask for the driver’s identification during a traffic stop, they don’t have that same authority…
The Fourth Amendment to the United States Constitution appears to require law enforcement to obtain a warrant before searching your person or property. Of course, countless exceptions have been carved out of that requirement, and they can vary based on the specifics of a certain situation. If police searched your person or property without a warrant, you will want to contact an attorney at Banks and Brower to review your case and see if there’s…
Under Indiana law, a court may grant certain persons convicted or accused of motor vehicle related crime, such as DUI/OVWI, a legal remedy called “Specialized Driving Privileges.” These privileges permit a person, whose license has been suspended, the ability drive for specific purposes (work, school, childcare, medical appointments, etc.) upon a showing of necessity (financial need, health & safety, etc.). Historically, these privileges are not available to certain people if they: Have never been an…
When the founders of our country wrote the Constitution and the Bill of Rights, photos did not exist, audio and video recordings did not exist, GPS did not exist, and everything written was on a physical piece of paper. As technology has developed over the past 250 years, Courts have sometimes struggled to take the 4th Amendment language, written in the late 18th century, and apply it to modern society. One more recent application is…