Skip to main content
Bradley Lynn Banks
Avvo
Pro

Bradley Banks’s Answers

176 total


  • What are my options to have criminal record not be public record?

    Was convicted of receiving stolen property in Oct last year in Indiana, but trying to retain my LPN license in Ohio. Does second chance law help people like me and if record expunged can people still find it?

    Bradley’s Answer

    Typically you'd have to wait 5 years. However if there is a significant hardship sometimes the prosecutor can be convinced to waive the waiting period. An expungement will seal the record from public access and allow you to state you have no convictions.

    See question 
  • Should Miranda warnings have been given if detectives come to home with evidence of shoplifting and ask questions of suspect?

    So, if detectives show up to a person's home, knock, ask to come in, (without identifying themselves until they enter the home and are asked who they are - because they had on suits - and no badges or I.D.'s were ever displayed), then only say an ...

    Bradley’s Answer

    To answer your question for sure a few more facts would be necessary. However, in order for Miranda warnings to be necessary the questions must have been given to the person 'in custody" Given the facts as you have stated them it is unlikely this would be deemed custodial questioning and thus Miranda likely was not required.

    See question 
  • Boyfriend arrested for not appearing in court and put in jail without bail. Court never notified him. What's our defense?

    arrested for possession of marijuana. went to court but the court had lost his case along with several others. He called 3 times, sent a letter, and even went to the court house and was never told anything. court date was again issued for October ...

    Bradley’s Answer

    Unfortunately somewhere in the system they are showing he received notice and failed to appear. You should retain counsel for him so they can address this situation.

    See question 
  • Can you tell me is this going to be a fair case

    My son Freddie d Rhodes 18 on sept 10 went to a home to by weed with 2 other young men. One young man got killed that enter the home with my son as one member inside the home & my son friend began to tussle over the gun my son ra...

    Bradley’s Answer

    I agree with the other attorney. Felony murder is obviously very serious. The facts you describe will pose a challenge for sure. Please note it is a bad idea to post details of a case with names as the state could attempt to use such statements in their case. You need to hire competent counsel for your son as this is very likely to result in a jury trial.

    See question 
  • Niece got caught shoplifting from her work, the police came and took her, processed her and then she was let out.

    Her employer also claims that she has been doing this for several months., but they never said anything to her. The night she was caught another co worker was also caught. The officer wrote up that evenings situation only, not the other allegation...

    Bradley’s Answer

    It depends on the value of the merchandise that was stolen. She will be charged with theft as either a class A misdemeanor or as a level 6 felony. What she will be facing depends on the jurisdiction involved. Most counties treat employee theft more seriously than theft by a customer due to the position of trust an employee is in.

    The range of likely scenarios is as little as a diversion to as harsh as some executed time. She should seek an attorney to assist her.

    See question 
  • Traffic stop illegal search and illegally detained

    I was pulled over at first for a crack in my windshield Is what I was told by the cop first. when the officer walked up to the car and seen the crack was not obstructing my view at all he then said I failed to signal 200 feet. He asked f...

    Bradley’s Answer

    There are limits to how long a law enforcement officer can hold you on a traffic ticket. You should contact an attorney to have the possibility of a suppression evaluated in detail on your case.

    See question 
  • I recently got caught shop lifting seventy plus dollars worth of cosmetics. this is my first offense how much for an attorney

    no prior record

    Bradley’s Answer

    You will find prices all over the board from different attorneys. Anywhere from 750 to 2000. Make sure you do your homework and focus on quality of representation.

    See question 
  • How would my boyfriend go about firing a public defender in the state of Indiana?

    This public defender treats my boyfriend very poorly.. Does not want to try and even defend my boyfriend... Will walk up to us in the court room in front of people sitting in the court room and just tell him how much of an idiot he is for not want...

    Bradley’s Answer

    Normally you cannot fire a public defender as they are appointed by the court and paid for by the county. You can hire your own attorney which will automatically cause the public defender to withdraw from the case. If you can't afford another attorney, your boyfriend can ask to speak to the judge about the lack of relationship between he and the PD, and maybe he/she will appoint another one, but don't count on it, many times judges will expect the client to work with the one they received.

    See question 
  • House arrest question? Please help

    My boyfriend was on drug court and got kicked off then probation for a year and got kicked off and now house arrest... He was arrested for being outside smoking which we don't smoke cause of our son. But this charge stems back from 2010... He was ...

    Bradley’s Answer

    He is likely running out of second chances and facing a number of days in jail. He should consult an attorney.

    See question 
  • What should i do? will the court bring up the first time i stole? what will happen to me?

    i am 15 and i got caught shoplifting for the second time. the first time was at walmart and i was with a friend, i was hanging out with the wrong people and i was peer pressured. that was last year and i payed my fine and didnt have to go to court...

    Bradley’s Answer

    If you didn't go to court the first time because you received a diversion the. Yes the court will know about it and will consider it. How this will end up for you will largely depend on the court and prosecutor. You should consult an attorney.

    See question