May 9, 2017 the Indiana Supreme Court made a ruling in the case of Thomas Pinner v. State of Indiana under case number 49S02-1611-CR-610, holding that the sole fact a person has a gun is not a sufficient reason for the person to be stopped and searched. In February 2015, a taxi driver called the police after a man and a woman got out of his cab because when they exited, the man dropped a…
So you have been charged with a low level felony or a misdemeanor and you absolutely cannot have a conviction on your record, now what? A diversion or deferral might be something that could work for you depending on a number of factors. The law in Indiana (IC 33-39-1-8) provides that those who have committed low level crimes or are first time offenders are sometimes able to dismiss their charges. This is called a diversion…
One of the main questions a defendant asks when facing a potential criminal offense is, “who is the best criminal defense attorney in Indiana?” And, if you think about it, that makes sense. Criminal cases have the potential to have lifelong consequences. So, it leads to reason that anyone who is facing a criminal offense is going to try to track down the best criminal attorney for their particular case. The list below is meant…
‘That which we call a rose, by any other name would smell as sweet’ (Juliet, Act 2 Scene 1) 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’…
Hiring an In-Town Lawyer vs. an Out of Town Attorney To hire an in town attorney, or out of town attorney? That is the question. I think Shakespeare asked that in Hamlet….or, something like that. All joking aside, we at Banks & Brower, LLC, are constantly asked this question when people call in looking for advice on who to hire. “Should I hire an out of county attorney, or should I hire an attorney on…
Sentencing Enhancements in Indiana Criminal Cases Most people are aware that any given criminal offense carries with it a range of possible penalties, including jail or prison time. For example, a Level 3 felony conviction carries the possibility of 3 to 16 years in prison. What may come as a surprise, especially to one charged with a serious felony offense, is that the prosecutor can file a sentencing enhancement which can significantly increase the amount…
What Happens if I Flee from Work Release, Home Detention, or a Jail or Prison? In this blog Indianapolis Criminal Defense Attorneys at Banks & Brower take a look at the offenses of escape and failure to return to lawful detention. These offenses are most commonly charged against those serving community corrections sentences, whether in a work release facility or on home detention. Generally, it is easier to “escape” in one of these scenarios than…
Invasion of Privacy – Violating a Protective and/or a No Contact Order Many people wrongfully believe that if someone has filed a Protective Order against them, the only penalty for having violated it is that the police come to your house, yell at you, and tell you to stop doing it. What many people don’t realize, however, is that violating the terms of a Protective Order or No Contact Order oftentimes leads to criminal charges…