A Look at Indiana’s Jake Laird Law – Returning of Firearms in a Criminal Case Despite an individual’s constitutionally protected right to keep and bear arms, if certain circumstances exist, the police are authorized to take one’s firearm to hold and even potentially destroy. The law that allows the retention of firearms is Indiana Code 35-47-14, or otherwise known as the “Jake Laird” law. This law was enacted in 2005, subsequent to the murder of…
Wrongfully Accused of a Sex Crime in Indiana? Obviously, a blog like this can be difficult to write and read. That’s because there are hundreds of thousands of legitimately-reported, fully and rightfully prosecuted sex crimes cases across this country on any given year. And, without question, those cases are incredibly sad to hear about and can be difficult to be a part of as defense attorneys. This blog is not meant to take away from…
A Quick Look at the Consequences of Refusing a Chemical Test in Indiana: A substantial number of our clients who have been charged with a DUI tell us that after they were pulled over, they refused the tests the officer asked them to do because once upon a time that’s what they heard or were told you’re supposed to do. The theory is that if there is no test, then it will be difficult or…
Indiana Administrative Code 260 IAC 2-1 – Breath Test Operators & Instruments Everyone on earth, it seems, has heard of a “breathalyzer” test in every single run of the mill Driving Under the Influence (hereafter “DUI”) and/or Operating a Vehicle While Intoxicated (hereinafter “OVWI”) case. But, did you know there is an entire administrative code section drafted by the Indiana legislature to address how breathalyzers are to be certified, who can administer them, and how…
Indianapolis Criminal Defense Attorney Blog: I’m HTV How Can I Drive Again? So you have gotten a few bad convictions on your record or several tickets a one really bad driving conviction and the BMV has just notified you that you are now a habitual traffic violator and you have a VERY long license suspension. Now what? Public transportation is not exactly reliable in Indiana. So what are the options? A Review of Your Driving…
A Quick Look at the Impact of Being Non-Suspendible and the Community Corrections Option: Being charged with a crime is undoubtedly a frightening situation for many reasons. The most terrifying of which has to be the possibility of time behind bars. When someone is charged with a crime, whether it be a misdemeanor or a felony, there is always the risk that they may spend some time incarcerated. The more serious the charges, the more…
What are the different legal standards in Indiana and when do they apply? You probably know that to be convicted of a crime, the State must prove you guilty “beyond a reasonable doubt.” One question we get frequently, however, is what exactly “beyond a reasonable doubt” means. It is difficult to answer that question in a specific manner, but looking at some of the other standards of evidence in relation to reasonable doubt can help…
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…
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.