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A Look at Community Corrections and Crimes that Qualify for Direct Placement

A Quick Look at the Impact of Being Non-Suspendible and the Community Corrections Option: Being charged with a crime is undoubtedly a frightening situation for many reasons. The most terrifying of which has to be the possibility of time behind bars.  When someone is charged with a crime, whether it be a misdemeanor or a felony, there is always the risk that they may spend some time incarcerated. The more serious the charges, the more…

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A Look at the Burdens of Proof in Indiana

What are the different legal standards in Indiana and when do they apply? You probably know that to be convicted of a crime, the State must prove you guilty “beyond a reasonable doubt.”  One question we get frequently, however, is what exactly “beyond a reasonable doubt” means.  It is difficult to answer that question in a specific manner, but looking at some of the other standards of evidence in relation to reasonable doubt can help…

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Operating a Vehicle with a Metabolite in Your System

DUI’s In Indiana Involving Things Other Than Alcohol Almost every single person alive has heard that you can be charged with Driving Under the Influence, Operating a Vehicle While Intoxicated, and/or Operating While Intoxicated when you are intoxicated by alcohol. But, did you know you can be found guilty of Operating a Vehicle with a Metabolite in your system?  For being intoxicated by the metabolite and for just having it in your system without intoxication?!?! And,…

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Frequently Asked Questions Regarding DUI Arrests

INDIANAPOLIS CRIMINAL DEFENSE ATTORNEY BLOG:  FREQUENTLY ASKED QUESTIONS ABOUT DUI/DRUNK DRIVING ARRESTS IN INDIANA INDIANAPOLIS CRIMINAL DEFENSE ATTORNEYS AT BANKS & BROWER LOOK AT FAQ’S FOR DRUNK DRIVING ARRESTS Are sobriety check points legal?  Yes, several times throughout Indiana law enforcement officers setup sobriety check points.  As long as they are properly advertised and delineated with signage, they have been found to be legal. Can’t I just turn on a different road and avoid the…

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In Town Lawyer vs. Out of Town Attorney

Hiring an In-Town Lawyer vs. an Out of Town Attorney To hire an in town attorney, or out of town attorney? That is the question. I think Shakespeare asked that in Hamlet….or, something like that. All joking aside, we at Banks & Brower, LLC, are constantly asked this question when people call in looking for advice on who to hire. “Should I hire an out of county attorney, or should I hire an attorney on…

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A Look at Indiana’s Sentencing Enhancements

Sentencing Enhancements in Indiana Criminal Cases Most people are aware that any given criminal offense carries with it a range of possible penalties, including jail or prison time.  For example, a Level 3 felony conviction carries the possibility of 3 to 16 years in prison.  What may come as a surprise, especially to one charged with a serious felony offense, is that the prosecutor can file a sentencing enhancement which can significantly increase the amount…

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Winning a Criminal Jury Trial

It is the foundation of the American criminal justice system.  The jury trial.  You have been accused of a crime and believe you are innocent, it is the ultimate determiner of the facts.  No one can guarantee an outcome in a jury.  If they could, they would be the only attorney ever hired.  However, there are a number of different parts of being ready for a jury that help position a case for its highest…

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A Look at the Crime of Escape in Indiana

What Happens if I Flee from Work Release, Home Detention, or a Jail or Prison? In this blog Indianapolis Criminal Defense Attorneys at Banks & Brower take a look at the offenses of escape and failure to return to lawful detention.  These offenses are most commonly charged against those serving community corrections sentences, whether in a work release facility or on home detention.  Generally, it is easier to “escape” in one of these scenarios than…

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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.