indianapolis criminal defense lawyer

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…

“Possession is nine-tenths of the law” is a very familiar saying, but you may not know that there are different types of possession.  The two main types of possession recognized under federal law and in practically every state are actual possession and constructive possession. These concepts are not statutorily proscribed but instead have evolved through case law. Moreover, these types of possession apply not only to drugs, but to any item that may be deemed…

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…

Concurrent means sentences are served at the same time, while consecutive means they are served one after another. For instance, a concurrent sentence allows someone convicted of multiple crimes to serve all punishments simultaneously. In contrast, a consecutive sentence requires serving time for each conviction sequentially. Judges decide based on factors like the severity of the crimes, the defendant’s history, and public safety. I.C. 35-50-1-2 When Defendants are sentenced in criminal cases often there are…

Many people (or loved ones) call our office after being convicted of or sentenced for a crime. They want to know what, if anything, may be done to undo what has occurred or to minimize the effects.  Occasionally we receive calls from people with similar questions about various types of civil cases.  For example, decisions by a judge in a divorce case or in some other type of case are often challenged. In this blog…

If you or a loved one has been charged with a dealing in drugs case, it can be an extremely scary and intimidating process. From understanding the nuances of possession versus dealing to navigating the potential consequences of cultivating substances like marijuana, these situations require careful legal evaluation. This includes being charged with dealing in marijuana, dealing in a narcotic drug, dealing in cocaine, dealing in heroin, dealing in meth, or any of the multitude…

In the realm of property crimes, the terms robbery, burglary, theft, and conversion are often confused and used interchangeably. However, each of these crimes has its own unique definitions, characteristics, and penalties, which is why understanding the differences between these crimes is crucial. This blog explores those distinctions. Burglary Under Indiana Code 35-43-2-1, burglary is defined as the act of breaking and entering the building or structure of another with intent to commit a felony…

Simply put, yes!!! While most people have heard of Indiana’s Second Chance Law, which allows you to expunge convictions and arrests, sadly, a lot of people have no clue that there are quite a few exceptions to the rule. Below is a concise list of the crimes and/or scenarios that do NOT qualify for expungement. If you or a loved one are looking at getting a record expunged, contact the experienced Expungement Attorneys at Banks &…