indianapolis criminal attorney

Drunk driving, or driving under the influence (DUI), is a serious offense. Law enforcement agencies employ various tools and procedures to detect and prosecute individuals who operate vehicles while impaired by alcohol. Two common methods used in DUI cases are certified chemical tests and portable breath tests (PBTs). While both are aimed at determining blood alcohol concentration (BAC), they serve different purposes and have distinct characteristics. In this article, we’ll delve into the disparities between…

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…

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…

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…