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Can I Remove a Sexually Violent Predator Designation in Indiana?

Posted in On December 20, 2023 By Bill Frederick

We often get calls from individuals who are classified as sexually violent predators under Indiana law.  Oftentimes people are confused about why they are classified as a sexually violent predator when they were never told that at their sentencing hearing.  A person can be classified as a sexually violent predator under Indiana Code 35-38-1-7.5 if certain circumstances exist. Under Indiana Code 35-38-1-7.5(a), a sexually violent predator is defined as a person who suffers from a…

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Should I Hire an Attorney before I’m Charged?

Many people call our office wondering if it’s a good idea to hire an Indianapolis criminal defense attorney before they are officially charged by the prosecutor’s office. They have a million questions about what could happen and what has already happened. The majority of those questions revolve around what a lawyer can provide during that stage of the process. This blog will address the questions here. First and foremost, having a lawyer onboard ahead of…

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“Miranda Warnings: Safeguarding Rights in the Criminal Justice System” 

Posted in On December 1, 2023 By Brad Banks

Introduction: In today’s blog, we delve into a crucial aspect of criminal law that has shaped the landscape of individual rights—the Miranda warnings. Named after the landmark 1966 Supreme Court case Miranda v. Arizona, these warnings have become synonymous with protecting individuals’ constitutional rights during interactions with law enforcement. This blog post aims to unravel the significance of Miranda warnings in a criminal case and their role in safeguarding the rights of the accused.  Understanding…

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What are my rights in a Probation Violation?

Posted in On November 16, 2023 By Joe Wyckoff

The vast majority of criminal sentences in Indiana result in the Defendant being placed on probation. For example, you will commonly see misdemeanor cases where the sentence is “365 days in jail, all suspended to be served on probation.” What this boils down is one year of probation, with up to a year served in jail if you violate your probation. Probation always comes with a long set of rules and they can vary from…

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Is Battered Person Syndrome a Defense to Criminal Charges in Indiana?

Posted in On November 10, 2023 By Bill Frederick

Indiana law allows evidence to be introduced at trial of prior acts of violence perpetrated by the alleged victim on the defendant. Indiana labels this defense as “effects of battery.” “Effects of battery” is defined as “a psychological condition of an individual who has suffered repeated physical or sexual abuse inflicted by another individual who is the victim of an alleged crime for which the abused individual is charged in a pending prosecution.” IC 35-31.5-2-109….

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Should I take my Criminal Case to Trial?

Posted in On October 16, 2023 By Brad Banks

If you have picked up a new criminal case that is a very scary and daunting event.  You are worried about your freedom, your right to bear arms, if you’re facing a felony having a record that will greatly limit you; overall it is just a very stressful and frightening situation.  One of the more difficult decisions you will have to make is how to resolve your case.  That can be by a plea agreement,…

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Am I Eligible for a Federal Sentence Reduction Under New Guidelines?

Posted in On October 6, 2023 By Adam Brower

There has been much discussion lately regarding the upcoming November 1, 2023, effective date of Amendment 821 to the Sentencing Guidelines. While this amendment is not yet effective because it remains with Congress for a 180-day review period ending November 1, 2023, if Congress fails to act to disapprove the amendment by that date it will become effective. It’s expected that Amendment 821 will become effective, and it will give District Court Judges authority to…

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What is a “Vehicle” for Purposes of the OVWI Statute in Indiana?

Posted in On September 20, 2023 By Bill Frederick

Operating a Vehicle While Intoxicated (OVWI) is one of the most frequent crimes charged in Indiana.  While it is never a good idea to get behind the wheel after drinking alcohol to the point of intoxication, many people think that motorized scooters or bicycles are a safe, legal way to get home after a day (or night) of drinking.  The question becomes, then, is it possible to get an OVWI on a scooter or bicycle? …

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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.