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Bradley Lynn Banks

Bradley Banks’s Answers

177 total

  • Will my daughter serve time?ARCHIVED

    Bradley’s Answer

    Anytime someone is charged with a level 3 felony there is a possibility of executed time. The likelihood of that is highly dependent on the facts, criminal history and discretion of the prosecutor. You should seek legal counsel.

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

    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.

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

    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.

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

    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.

  • Can you tell me is this going to be a fair caseARCHIVED

    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.

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

    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.

  • Traffic stop illegal search and illegally detainedARCHIVED

    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.

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

    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.

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

    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.

  • House arrest question? Please helpARCHIVED

    Bradley’s Answer

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