Criminal Law

Sentencing Enhancements are, unfortunately, something that repeat offenders must sometimes contend with.  There are two primary sentencing enhancements in Indiana that individuals should be familiar with. Habitual Offender Enhancement The first enhancement that will be discussed is the general Habitual Offender Enhancement.  The statute defining the Habitual Offender Enhancement is IC 35-50-2-8.  If the defendant is convicted of any felony, and has multiple prior felony convictions, the defendant may be eligible for this enhancement.  The…

If police officers arrive at your home with a search warrant, it will obviously be a very stressful, difficult, and possibly chaotic time. As such, it is important to understand the process by which police obtain a warrant, and what they may search for once they enter your home with a valid warrant. A search warrant is an order signed by a judge giving police the legal authority to search for evidence of a crime…

While many states have started legalizing marijuana to different degrees, Indiana still punishes all forms of possession or dealing marijuana as a criminal violation.  The legislature has lessened the penalties over the year, but it still remains a crime to possess or deal in marijuana. So, for today’s blog we take a look at the laws that are currently in effect in Indiana regarding marijuana.  We will start by taking a look at Indiana Code…

Indianapolis Criminal Defense Attorney Blog:  Veteran’s Court             Slowly but surely, counties across the State of Indiana are starting to see the benefit to having courts that focus on the root problem of criminal behavior, and attempt to get the offender help and/or treatment.  Many counties have already started mental health courts or drug treatment courts.  Those courts have worked to identify defendants with lower level criminal conduct and place them in the appropriate court…

Anytime a person in public office, whether it be an elected official or a police officer, commits a crime, it is likely to make news.  What you may not know, is that not only will this public official have the added pressure of media attention, but they may also have a felony charge created just for people in these positions of trust.  Indiana has a crime called official misconduct. In this blog the Indianapolis Criminal…

Purposeful Incarceration an Alternative to Traditional Incarceration   The whole idea behind prison, accurately called the Department of Corrections, is to get offenders to a point where they will not re-offend.  It has been a challenge for prisons all over the nation.  Too many times an offender enters the prison only to be released and then return some months later. In 2009, Indiana started a new program called Purposeful Incarceration.  The idea was designed to…

CHARGED WITH A CRIME CLICK HERE TO CONTACT US NOW!   This weeks blog looks at Indiana’s Serious Violent Felon Law. The Indianapolis Criminal Defense Attorneys at Banks & Brower know this charge has serious implications.  The serious violent felon statute was created with the idea of making it a very serious matter if someone that is convicted of a serious violent felony later possess a firearm.  The idea being, keep guns out of the…

Understanding the Habitual Offender Sentence Enhancements – Being charged with a crime, on its own, is one of the scariest things a person can face. Regardless of the facts, regardless of the level of crime alleged, it can be a daunting situation for anyone — even for the smallest of crimes. Yet, not much is more terrifying for a defendant than when the State files a sentence enhancement on their case. After all, an enhancement…