indianapolis criminal defense attorney

Those of us who grew up decades ago may recall that physical discipline of your children was more commonly accepted than it is today. You may hear that, if you use physical discipline against your children, you can be charged with “Battery on a Child”. Some parents go by the old standard of “if it doesn’t leave a mark”. In Indiana, it is recognized that there is a defense to this charge called “reasonable parental…

The legalization of marijuana continues to spread across the United States.  Although possession of marijuana is still illegal in Indiana, all of Indiana’s neighboring states have legalized marijuana either recreationally or medically.  In fact, at the time of this writing, only 6 states currently have no legal avenue in which to consume THC, the mind altering ingredient in marijuana.  With the widespread legalization of marijuana, there has developed a massive interest in growing and cultivating…

Many times a week, people call our office stating that they were either convicted of or are facing charges that stem from only a single person’s testimony against their own. They will often say things like: “there is no evidence, just one person’s word vs. mine, so it should be thrown out, right?” or “I can’t be convicted without some other physical evidence, right?” While common sense may lead you to believe that or that…

If you have any questions, don’t hesitate to contact the criminal defense attorneys at Banks and Brower at (317) 526-4630 or [email protected].

Marijuana legalization has surged around the country, including in states surrounding Indiana.  Many people who utilize marijuana legally outside the state often have concerns about whether they could be charged with and convicted of an operating while intoxicated offense in Indiana based solely on the presence of marijuana (or its metabolites) in their blood.    Indiana law currently criminalizes operating a vehicle with a controlled substance listed in schedule I or schedule II or its…

There are many occasions over the course of criminal cases where the Judge gets to decide what the sentence will be. If someone loses a trial, then the judge can sentence someone to whatever they want within the range of sentences prescribed by statute. For example, if someone is convicted of a Level 5 Felony after a trial, they can be convicted of anything between 1 and 6 years, with an advisory sentence of 3…

Hearsay is a fundamental legal concept that plays a crucial role in the justice system. It refers to the introduction of out-of-court statements or declarations as evidence in court proceedings. The rationale behind the hearsay rule is to ensure the reliability and credibility of the evidence presented, promoting fair trials and justice. In this blog, we will delve into the nuances of hearsay, its definition, exceptions, and the impact it has on legal proceedings. Definition…

When a subpoenaed witness does not appear for trial, it puts the prosecution in a bind.  The defendant has the right to confront and cross examine all witnesses testifying against them.  When a witness does not appear for trial, or refuses to testify at trial, the prosecutor can be hard-pressed to get the witness’ out of court statements into evidence.  This blog will examine the two hurdles the State must overcome to use a witness’…