Criminal Law

In the world of criminal law, not all laws apply equally to everyone. Some acts are only illegal because the person committing them is under a certain age. These offenses, which are illegal only for minors (individuals under 18) but not adults, are known as “status offenses.” In other states, it may be called, “Juvenile laws.” The term “status offense” is used because these crimes are based on the offender’s status as a juvenile. Additionally,…

Operating a vehicle while intoxicated is one of the most common charges in Indiana — in fact, hundreds of people around the state face these or similar charges in any given year. And, intuitively, most people know what that means. You can’t ‘operate’ a ‘vehicle’ while ‘intoxicated.’ Pretty straight forward, right? Not necessarily.  Indiana lays out all the ways you can be charged with operating a vehicle while intoxicated in I.C. 9-30-5-1 through IC 9-30-5-15….

Criminal Rule 4 is an issue a lot of criminal defendants are aware of. It is a rule that specifies how long the State has to bring a defendant to trial. It’s a significant rule because, if it’s not followed, it could result in outright dismissal of the case. The rule is broken down into a few basic sections, however an underlying rule for ALL of Criminal Rule 4, is that any time the defendant…

Facing criminal charges in Indiana is a daunting experience. One of the most critical decisions you’ll make is whether to take your case to a jury trial or opt for a bench trial (where a judge decides your fate). This isn’t a one-size-fits-all answer, and understanding the positives and negatives of each option is crucial for making an informed choice.  The Jury Trial: A Right and a Gamble  In Indiana, as in the rest of…

Life can throw curveballs, and sometimes those curveballs can leave a lasting impact on your record. A criminal record, even for a minor offense, can create significant barriers to employment, housing, and other opportunities. Fortunately, Indiana law offers a path to a fresh start through expungement. At Banks & Brower, we understand the complexities of Indiana’s expungement process and are here to guide you through it. What is Expungement in Indiana? Expungement, also known as…

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…

Facing criminal charges is an incredibly stressful situation.  A question that we often get from our clients is how long the process will take for a case to be completed.  The short answer is that there are many variables that go into a criminal case’s timeline, but generally speaking, most judges have expectations for how long cases should remain open. Misdemeanor and level 6 felony cases typically take anywhere from 30 days to 6 months…

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…