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What does it mean if my sentence is non-suspendible?

Posted in On February 6, 2025 By Eric Massey

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…

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Refusing a Certified Chemical Test: License Consequences in Indiana

Posted in On January 31, 2025 By Bill Frederick

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…

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How Often Do Criminal Cases Go to Trial?

How Often Do Criminal Cases Go to Trial?

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…

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Reasonable Doubt Definition

Reasonable Doubt Definition

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…

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Concurrent vs. Consecutive

Concurrent vs. Consecutive

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…

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Common Defenses to Dealing Cases

Posted in On November 25, 2024 By Brad Banks

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…

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Burglary, Robbery, Theft, and Conversion what’s the Difference?

Posted in On November 7, 2024 By Joe Wyckoff

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…

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Are There Crimes That Can’t Be Expunged Off My Record in Indiana?

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 &…

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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.