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Indianapolis Sex Crimes Attorney Blog: A Look at the Romeo and Juliet Law in Indiana

Sunday, August 21, 2016

Indiana’s Romeo & Juliet Defense to Sexual Misconduct Charges – ‘That which we call a rose, by any other name would smell as sweet’ (Juliet, Act 2 Scene 1) In almost every single sex-based crime that is charged in Indiana, the stakes couldn’t be much higher. Whether someone is facing high fines, a lengthy prison […]

Indianapolis Criminal Defense Attorney Blog: FAQ’S

Sunday, August 14, 2016

Indianapolis Criminal Defense Attorney Blog:  Frequently Asked Questions of a Criminal Defense Attorney – In this week’s blog we take a look at frequently asked questions that we receive as criminal defense attorneys. I have been charged with a misdemeanor, should I just plead guilty?  Almost always you should not.  The ramifications of a misdemeanor […]

Indianapolis Power of Attorney Blog: A Look at Utilizing a Power of Attorney in Indiana

Thursday, August 11, 2016

A Look at Power of Attorneys and How They Work in Indiana – Although it is not an enjoyable topic of conversation, it is important to discuss your preferences for financial and medical care in the event of incapacitation.   While most think this conversation is limited to decisions in a person’s final days, incapacitation can […]

Indianapolis Criminal Defense Attorney Blog: Fast and Speedy Trial Request

Monday, August 1, 2016

Understanding the right to a speedy trial – The moment somebody is arrested and/or charged with a crime, the clock starts ticking for the State of Indiana to bring that person to trial.  This time limit is controlled by Rule 4 of the Indiana Rules of Criminal Procedure and has a different impact depending on […]

Indianapolis Criminal Defense Attorney Blog: Single Larceny Rule and Double Jeopardy

Monday, July 25, 2016

The Single Larceny Rule: Double Jeopardy or Two Separate Crimes? – Many times our clients, willingly or unwillingly, commit crimes in two separate counties, especially with the crimes of Theft, Robbery, and Burglary. Regardless of the circumstances (the time between the criminal acts, the similarity of the crimes, and the locations), the questions are always […]

New Indiana Criminal Laws 2016| Indianapolis Criminal Defense Attorney

Sunday, July 17, 2016

Indianapolis Criminal Defense Attorney Blog |  A Look at the New 2016 Criminal Law        Every year in July, our legislature enacts new Indiana criminal laws.  In today’s blog we take a look at the new criminal law statutes that were enacted July 1, 2016.   Child Exploitation/Child Pornography/Adult Entertainment SEA 14 Effective: March 21, […]

Indianapolis Criminal Defense Attorney: Trial De Novo

Tuesday, July 12, 2016

If you have ever received a ticket for a traffic or ordinance violation, or even charged with a misdemeanor which was handled in a city or town court, it is possible to have that case reheard in one of the county circuit or superior courts.  The legal mechanism that allows this is called a request […]

Indianapolis Divorce Attorney Blog: The Start of School and Your Divorce

Monday, July 11, 2016

The Start of School and How it Affects Your Divorce – It is hard to believe it is already time to start planning for the upcoming school year. Many districts throughout the state are operating on a balanced calendar and school will be starting up very soon. If you have children and are no longer […]

Indianapolis Sex Crimes Attorney Blog: Quick Guide to Indiana’s Sex Registry Offenses

Sunday, June 26, 2016

Quick Reference Guide to the Crimes that Require Sex Registration in Indiana – One of the biggest complaints we receive in our office is that the Indiana Code is nearly impossible to decipher. Many times code sections refer to other code sections in such a circular fashion you can’t find your way back to where you […]

Indianapolis Criminal Defense Attorney Blog: DUI Arrest

Sunday, June 19, 2016

Indianapolis Criminal Defense Attorney Blog: A Look at the DUI Basics  _ There are literally thousands and thousands of DUI arrests across the country every year.  It can be one of the most dangerous crimes as well as over 10,000 people are killed in an accident involving drunk driving each year.  In today’s blog we […]

Indianapolis Divorce Lawyer Blog: Collaborative Law in Indiana

Tuesday, June 14, 2016

Collaborative Law: An Alternative to Litigation – A trial that puts your personal life on display is not the only option for dissolving your marriage.   In Indiana, it is possible to complete the divorce process without entering a courtroom.  Often times, removing the necessity of court intervention also reduces the cost of the process and […]

Indiana Criminal Defense Attorney Blog: Can Police Take My Guns Away?

Tuesday, June 7, 2016

A Look at Indiana’s Jake Laird Law – Returning of Firearms in a Criminal Case – Despite an individual’s constitutionally protected right to keep and bear arms, if certain circumstances exist, the police are authorized to take one’s firearm to hold and even potentially destroy.  The law that allows the retention of firearms is Indiana […]

Indianapolis Criminal Defense Attorney Blog: Interstate Agreement on Detainers

Sunday, May 29, 2016

A Look at the law of Interstate Agreement on Detainers – Many times defendants will mail our firm letter from jail seeking assistance with their criminal cases. And, many times, those requests have to deal with what they perceive are unnecessary delays in their cases by their current attorneys and/or the state of Indiana by […]

Avoiding Arrest at the Indy 500

Sunday, May 22, 2016

How to Avoid Arrest at the 100th Running of the Indianapolis 500   The Indianapolis 500 is one of the greatest sporting events in the world on any regular year, but this year will be bigger than ever.  It is the 100th anniversary of the greatest spectacle in racing.  It is the first time in […]

Using Police to Enforce Parenting Time in Indiana

Wednesday, May 18, 2016

Should the Police Get Involved in Enforcing Your Parenting Time? – It is your scheduled parenting time and your ex refuses to give up your child – what now?  In most cases, the reaction would be to threaten a call to the local police.  While there may be some benefit down the road to documenting […]

Driving Without Insurance in Indiana

Sunday, May 15, 2016

Suspended for driving without insurance?  – We receive calls daily from citizens who have received notices from the BMV informing them that their driving privileges are going to be suspended because they drove without insurance.  This is easy to understand if they owned the car they were driving and it wasn’t covered, but what if […]

The Sex Crime Stigma for the Wrongfully Accused

Wednesday, April 27, 2016

Wrongfully Accused of a Sex Crime in Indiana? – Obviously, a blog like this can be difficult to write and read. That’s because there are hundreds of thousands of legitimately-reported, fully and rightfully prosecuted sex crimes cases across this country on any given year. And, without question, those cases are incredibly sad to hear about […]

A Look at Calculating Child Support in Indiana

Sunday, April 24, 2016

How is Child Support Calculated and What Can I Expect? – How is child support calculated?  The amount of child support that is paid by one parent to the other is fact sensitive and is not the same in every case.   It is not uncommon for two parents with the same number of children, living […]

A Look at Interrogation and Having a Lawyer

Sunday, April 24, 2016

Indianapolis Criminal Defense Attorney Blog:  A Look at Police Interrogation and Why it Makes Sense to Exercise Your Right to an Attorney It is a question we often receive in our office.  I have been contacted by a Detective and he/she wants to interview me as a possible suspect in a criminal investigation, should I […]

Refusing a Breath Test in a DUI

Monday, April 11, 2016

A Quick Look at the Consequences of Refusing a Chemical Test in Indiana: – A substantial number of our clients who have been charged with a DUI tell us that after they were pulled over, they refused the tests the officer asked them to do because once upon a time that’s what they heard or […]

A Look at Indiana Code 260 IAC 2-1 – Breath Test Machines

Sunday, March 27, 2016

Indiana Administrative Code 260 IAC 2-1 – Breath Test Operators & Instruments – Everyone on earth, it seems, has heard of a “breathalyzer” test in every single run of the mill Driving Under the Influence (hereafter “DUI”) and/or Operating a Vehicle While Intoxicated (hereinafter “OVWI”) case. But, did you know there is an entire administrative […]

HTV Now What?

Sunday, March 13, 2016

Indianapolis Criminal Defense Attorney Blog: I’m HTV How Can I Drive Again? – So you have gotten a few bad convictions on your record or several tickets a one really bad driving conviction and the BMV has just notified you that you are now a habitual traffic violator and you have a VERY long license […]

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

Monday, March 7, 2016

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 Look at Brady Disqualifications

Tuesday, February 23, 2016

What Does it Mean to be Brady Disqualified? – With all of the mass shootings in and around the world, the news consistently raises the question of whether or not the alleged accomplice should or should not have had access to weapons prior to committing the crime. More often than not, many of the people […]

Mediation in Family Law Cases as an Alternative

Tuesday, February 23, 2016

Mediation as an Alternative to Litigation – Appearing in front of a judge to discuss personal matters such as the deterioration of a marriage, assets, debts or children can cause a lot of emotional stress for most people.   There are several different types of Alternative Dispute Resolution methods in Indiana.   These alternative ways to resolve […]

Looking at Making A Murderer and the Steven Avery Case

Sunday, February 14, 2016

                  Indianapolis Criminal Defense Attorney Blog:  Making A Murderer a Look at the Case from a Former Deputy Prosecutor Turned Defense Attorney   Today our blog takes a look at the hugely popular Making a Murderer documentary film that has become a huge hit on Netflix.  This […]

A Look at the Burdens of Proof in Indiana

Friday, February 12, 2016

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 […]

Operating a Vehicle with a Metabolite in Your System

Wednesday, January 27, 2016

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 […]

Enforcing a Marital Agreement in Indiana

Wednesday, January 27, 2016

Can I Dispute the Enforceability of my Marital Agreement after a Divorce? – Often times, parties sign premarital agreements prior to getting married as a way to protect their respective assets in the case of a divorce or death. On the flip-side, many people enter into marital settlement agreements as a way to finalize their […]

A Look at the Possible Penalties for Indiana Felonies

Saturday, January 16, 2016

Indianapolis Criminal Defense Attorneys: Arrested A Look at the Possible Penalties For Indiana Felonies Once someone has been arrested they normally have a period of time where they experience shock and disbelief. This reaction quickly turns into an emotion of fearing the possible penalties for the allegations that have been made. In this blog we […]

Your Right to Confront Your Accuser in a Criminal Case

Tuesday, January 12, 2016

Understanding Your Right to Face Your Accuser and to Confront Witnesses in Your Case – You probably know that if you’re charged with a crime, you have many important rights such as the right to remain silent and the right to trial. You may be aware that you have the right to confront witnesses against […]

The 5 Most Common Arrests on New Years

Friday, January 1, 2016

A New Years Resolution You Didn’t Expect – It never fails…the first day of the New Year is always a busy day for our phones at the Indianapolis Criminal Defense Attorneys of Banks & Brower, LLC. While many people are setting their sights on healthy New Year’s Goals like losing weight, being patient, drinking less often, […]

Is My Business a Marital Asset in a Divorce?

Tuesday, December 29, 2015

Is My Business in Jeopardy if I get a Divorce? – If you own a business and are thinking about going through a divorce, you might be asking yourself, is your business considered an asset that can be divided by the court?  In short, the simple answer is that it depends.  In determining whether your […]

Frequently Asked Questions Regarding DUI Arrests

Sunday, December 20, 2015

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 […]

A Look at Indiana’s Insurance Requirements for You and Your Automobile

Sunday, December 20, 2015

Indiana’s Insurance Requirements For Drivers and the Possible Consequences of a Lapse – We receive multiple calls a week from people dealing with issues related to automobile insurance. Generally the problem is an insurance suspension because of a failure to provide proof of insurance after a traffic stop or collision. Despite this being a common situation, […]

Expungements and How They Effect Gun Rights in Indiana

Saturday, December 5, 2015

Expungements and Their Effect on Applying for a Concealed Carry Permit in Indiana – In preparation for filing for a concealed carry permit, there are many areas that people need to make sure to button up prior to filing, like converting felonies to misdemeanors, petition for restoration of gun rights when there is a court […]

A Look at Modifying Spousal Maintenance in Indiana

Sunday, November 29, 2015

Is Spousal Maintenance Modifiable, and if so, How is that Accomplished – On March 8, 2015, we wrote a blog titled, “A Look at Spousal Maintenance in Indiana,” whereby we explained the different circumstances in which a party to a divorce can be ordered to pay spousal maintenance.  In Indiana, the circumstances for such an […]

Using Discovery and Investigation to Defend a Criminal Case

Sunday, November 22, 2015

Indianapolis Criminal Defense Attorney Blog:  Using Discovery and Investigation to Defend the Criminal Case You have been charged with a crime and are considering whether to hire an attorney.  One of the things you are probably interested in is what kind of things an attorney can do to help you in defending your case.  This […]

A Look at the Crimes of Public Indecency

Wednesday, November 18, 2015

A Look at Public Indecency Laws in Indiana – Clothing and fashion don’t serve only to impress and to keep us warm – they also keep us from being charged with crimes in Indiana for showing others what they probably don’t want to see.  Few of us will be surprised that Indiana prohibits the display […]

In Town Lawyer vs. Out of Town Attorney

Friday, November 13, 2015

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 […]

Often Overlooked Tax and Financial Issues in Your Divorce

Friday, October 30, 2015

Tax and Financial Planning Considerations Often Overlooked in Divorces in Indiana   There are numerous assets and debts involved in a divorce case that are easy to identify, such as real estate, bank and retirement accounts, credit cards, automobiles and household goods and furnishings; however, there are several other potential assets and liabilities that are […]

Veteran’s Court, an Alternative for a Veteran who is Charged with a Criminal Offense

Sunday, October 25, 2015

Indianapolis Criminal Defense Attorney Blog:  Veteran’s Court             Slowly but surely, counties across the State of Indiana are starting to see the benefit to having courts that focus on the root problem of criminal behavior, and attempt to get the offender help and/or treatment.  Many counties have already started mental health courts or drug treatment […]

A Look at Indiana’s Sentencing Enhancements

Tuesday, October 20, 2015

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 […]

A Look at Same Sex Marriage and Divorce

Monday, October 12, 2015

A Look at How Legalizing Same-Sex Marriage has Resulted in Additional Benefits and Protections  – 2015 is a historic year for same-sex couples.  The U.S. Supreme Court made its final decision on June 26, 2015, in the landmark case titled Obergefell v. Hodges.  This case involved 2 main issues: whether the U.S. Constitution requires a […]

Understanding College Disciplinary Hearings and Actions in Indiana

Thursday, October 1, 2015

Threatened With a University Disciplinary Hearing or Action as a College Student? – If you have ever been to college, or visited one for more than an hour’s time, you will undoubtedly see some type of illicit behavior (albeit minor most of the times), but sometimes that behavior is criminal or against the college’s rules […]

Winning a Criminal Jury Trial

Sunday, September 27, 2015

Indianapolis Criminal Defense Attorney Blog:  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 […]

A Look at the Crime of Escape in Indiana

Monday, September 21, 2015

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 […]

Petitioning a Court for Restoration of Your Rights to Firearms

Sunday, September 13, 2015

Petitioning a Court to Restore Your Rights to Own and Possess a Firearm – So, you’ve been denied a concealed carry permit and/or you’ve been deprived of the ability to purchase a firearm by the federal government. Inevitably, you are frustrated, which is what lead you to this blog and others we have written, such […]

A Look at College Expenses in a Divorce

Monday, September 7, 2015

Important Tips to Know for Requesting Contribution for College Expenses – In addition to a normal child support order, one or more parties may request that the court order them to contribute to the postsecondary educational expenses for a child.  Whenever there are divorced parties or parties to a paternity action with one or more […]

Charged With Possession of Handgun in an Airport, A Look at the Law and What to Expect

Sunday, August 30, 2015

Indianapolis Criminal Defense Attorney Blog:  Possession of a Handgun in an Airport   When reading the title to this blog, one was probably thinking to themself, “a gun in an airport, who’d be crazy enough to do that?”  Well you would be surprised.  As more and more people begin carrying firearms for personal protection, more […]

A Look at What it Means to be a Habitual Traffic Violator in Indiana

Tuesday, August 25, 2015

A Quick and Concise Look at the Laws Governing  Indiana’s Habitual Traffic Violator Statute – Indiana’s habitual traffic violator laws can be very confusing and difficult to understand for someone who isn’t well-versed in traffic law. The Indiana legislature has recently passed new laws updating the ways to become a habitual traffic violator and the […]

A Look at the Laws Governing Mopeds and Scooters

Tuesday, August 18, 2015

Indianapolis Traffic Attorney Blog: Laws Governing Mopeds and Scooters (Motor Driven Cycles) – Have you lost your license and elected to utilize a moped or scooter for transportation?  Indiana, which refers to such vehicles as Motor Driven Cycles (or MDCs), has new requirements for operators of these vehicles.  Riders are now required to register these […]

A Look at Protective and No Contact Orders and Invasion of Privacy

Saturday, August 8, 2015

Invasion of Privacy – Violating a Protective and/or a No Contact Order  – Many people wrongfully believe that if someone has filed a Protective Order against them, the only penalty for having violated it is that the police come to your house, yell at you, and tell you to stop doing it. What many people […]

What Happens After My Divorce is Finalized?

Sunday, August 2, 2015

Indianapolis Divorce Attorney Blog: My Divorce is Finalized, What Happens Next? – In most cases, once your divorce is finalized, there are still several loose ends to tie up.  Whether you and your ex-spouse reached an agreement or you had a judge decide your case, divorce decrees often times impose obligations upon one or both […]

When Drug Addiction Leads to Crime, Drug Treatment Court May be the Answer

Sunday, July 26, 2015

Indianapolis Criminal Defense Attorney Blog:  When Drug Addiction Leads to Criminal Charges, Drug Treatment Court May be the Best Option   All too often drug addiction leads to criminal charges.  Most often charges involve the drugs themselves.  Possession of the drug is many times the first crime an addict will be charged with.  However, other […]

What is a Serious Violent Felon in Indiana?

Sunday, July 19, 2015

What is a Serious Violent Felon, and What Does it Mean? – Being convicted of a felony carries countless consequences for people, regardless of whether or not they actually spend any time in prison.  Aside from the stigma of being labeled a felon, these individuals also lose certain rights and freedoms that the rest of […]

A Quick Look at Indiana’s Second Chance and Expungement Law

Monday, July 13, 2015

Erasing a Criminal Arrest, Conviction, or Dismissal Record under Indiana’s Second Chance Law – Over the last two years the Indiana Legislature has completed a massive overhaul of expungements. On July 1, 2015, the expungement statutes again went through another change. Indiana 35-38-9 is the statute that governs expungements and sealing of the records related […]

Possession of a Controlled Substance and the Schedule Drugs

Sunday, July 5, 2015

Possession of a Controlled Substance and Schedule Drugs: The American Epidemic – All anyone has to do understand the drug problem in this country and around the world is to turn on the nightly news. Every single day there are stories of overdoses, murders tied to drugs, and/or drug busts worth thousands of dollars. And, […]

A Close Look at How Custody Works in Indiana

Tuesday, June 30, 2015

Indianapolis Divorce Attorney Blog: What Does Custody Mean in Indiana? – Whether faced with a divorce or a paternity action, there are many parents who are unsure as to exactly what requesting custody of their children means in Indiana.  To begin, Indiana law separates child custody into 2 categories: 1) legal custody and 2) physical […]

Neglect of a Dependent

Sunday, June 21, 2015

Indianapolis Criminal Defense Attorney Blog:  A Look at the Law of Neglect of a Dependent   Recently in the news(June 2015) there was a video that went viral involving two “ladies” fighting in the aisle way of a local Wal-Mart.  Disturbingly, one of the ladies had a young son that was present that jumped in […]

A Look at the Changes to the Criminal Code Effective July 1st, 2015

Monday, June 15, 2015

How 2015 Changes to Indiana Law May Impact Your Criminal Case   As happens every year in Indiana, July 1 brings a number of changes to various areas of the law as a result of the legislative session.  Although the major criminal code overhaul took place last year, some changes of note have been enacted […]

How to Appeal a Federal Denial or Delay of Your Handgun Purchase

Sunday, June 7, 2015

Appealing a Federal Background Check for a Handgun Denial or Delay – Here at Banks & Brower, LLC, we help TONS of people obtain their concealed carry permits, and often times after they have been denied the right to carry a concealed weapon. Be it a stated-based four-year application or a lifetime application denial, the […]

A Look at Domestic Violence and Divorces

Sunday, May 31, 2015

Indianapolis Divorce Attorney Blog: A Look at Divorce and Domestic Violence   For victims of domestic or family violence, a divorce is typically needed in order to leave the abusive relationship.  There are criminal laws, civil protection laws, and family and domestic laws in Indiana to protect victims of domestic violence, including spouses and children.  […]

The Most Common Arrests at the Indy 500

Monday, May 25, 2015

Indianapolis Criminal Defense Attorney Blog:  Top Ten Things That Will Get You Arrested at the Indy 500 Every race season, there are a number of arrests that come out of the Indy 500. In this blog the Indianapolis Criminal Defense Attorneys at Banks & Brower take a closer look. Minor Consumption of Alcohol:  The Speedway […]

A Look at the Driver License Compact

Monday, May 18, 2015

The Interstate Licensing Compact:  What is it and how does it affect you?  –  If you’ve ever received a driving ticket in another state, you may have wondered what happens next.  Does that ticket go onto your driving record back home?  Will that ticket put points on your driving record?  Most likely yes to all […]

A Look at Double Jeopardy in Criminal Cases in Indiana

Sunday, May 10, 2015

Double Jeopardy and You Criminal Case  – Why don’t my charges amount to double jeopardy?  Why can I be put on trial again after a mistrial is declared?  These are just two examples of the types of questions clients sometimes pose with respect to their pending criminal cases.  Many people are familiar with the phrase […]

Indiana’s Implied Consent Law and Refusal License Suspensions

Friday, May 1, 2015

Indiana Implied Consent and Refusal Suspension – In Indiana, most people know that if you get pulled over while driving impaired, you run the risk of high fines, criminal prosecution, jail time, and license suspensions. And, because of those concerns, many choose not to risk it. However, as is evident from the thousands of DUI […]

Common Mistakes Divorced and Divorcing Parents Make

Sunday, April 26, 2015

Mistakes to Avoid for Divorced Parents – The divorce process is obviously very difficult emotionally for the parties involved; however, what divorced or divorcing parents must keep in mind is that a divorce can be even more difficult for their children.  You and your ex-spouse need to put your differences aside to help promote the […]

I Have a Warrant Out For My Arrest In Indiana, Now What Do I Do?

Sunday, April 19, 2015

Indianapolis Criminal Defense Attorney Blog:  I Have an Arrest Warrant in Indiana What Do I Do?             If you are facing the prospect of an arrest warrant issued for you or you already know that you have an arrest warrant issued for you in Indiana, it can be a very scary and stressful situation.  We […]

Indiana Name Changes and the Process to do so

Sunday, April 12, 2015

Indiana Name Change:  A Quick Look at the Process to Legally Change your Name  – Thinking about changing your name?  There are a couple of ways to change your name in the State of Indiana.  First, is through marriage and second, is through petitioning the court.  Changing your name through marriage is the easiest way, […]

A Look at Police and Prosecutorial Misconduct in Indiana

Tuesday, April 7, 2015

What if I think the police or prosecutor engaged in misconduct in my criminal case?  – Many people call our office with complaints about how either the police or prosecutor handled or are handling their criminal cases.  While sometimes certain actions or inactions by police or prosecutors may not seem “right” to criminal defendants or […]

K-9 Dog Searches and Dog Sniff Cases

Sunday, March 29, 2015

Open Air Dog Searches:  A Sniff Too Far in a Criminal Case – We’ve all seen it on the TV show Cops or in a movie before…a car is stopped by the police for speeding or swerving, panicking people inside the car start sweating profusely as they watch the mirrors, and a K-9 officer slowly […]

A Look at How Social Media Affects Your Divorce

Sunday, March 22, 2015

Indianapolis Divorce Attorney Blog: The Impact of Social Media on Custody and Support – As social media has become more prevalent in the recent years, it is now commonplace for attorneys to access social media and networking sites, such as Facebook, MySpace, Instagram, Twitter, and personal blogs, as a manner for obtaining evidence for divorce, […]

The Crime of Identity Deception

Sunday, March 15, 2015

Indianapolis Criminal Defense Attorney Blog:  A look at the Crime of Identity Deception – It has been in the news over and over again recently.  Home Depot, Target, and most recently Anthem.  In this digital age we are living in, it is a constant cat and mouse game between those that hold our personal information […]

A Look at Spousal Maintenance in Indiana

Sunday, March 8, 2015

Indiana’s Spousal Maintenance Statute:  Can I get support after my divorce is final? – Does Indiana have alimony?  What about spousal support?  Most of us have heard the terms alimony or spousal support and most are aware the terms are used to define support that is given from one spouse to the other as part […]

DUI Checkpoints…Are they Constitutional?

Sunday, March 1, 2015

A Quick Look at Sobriety Checkpoints   – You’re cruising along late Friday night, headed home after a nice dinner with some friends.  All of a sudden you notice flashing lights up ahead.  As you get closer you see police officers amongst cones and barrels, directing some approaching vehicles into a parking lot as part of […]

A Look at Teen Sexting, a Surprising Crime

Sunday, February 22, 2015

Teen Sexting – An Epidemic as Well as a Criminal Offense – In this blog the Indianapolis Criminal Defense Attorneys take a look at sexting. While the exchange of erotic information and/or pornographic material from one person to another has been going on for decades, with the advent of technology (specifically smart phones), the ease […]

Should I Speak to a Detective that has Called to Question Me?

Sunday, February 15, 2015

Indianapolis Criminal Defense Attorney Blog:  Should I Speak to a Detective if they Call to Question Me?             It is a question our office receives all the time.  Person calls and says, “A detective called me and wants to ask me some questions about a situation, and I don’t know how I should respond.”  In […]

A Look at What Qualifies as a Controlled Expense in Child Support

Sunday, February 8, 2015

Controlled Expenses: What are they and who pays them?  – Controlled expenses—a term most of you have probably heard if you’re going through a divorce and have young children.  But, what exactly are they?  The Indiana Child Support Guidelines establishes a standard of support for children and, as part of that standard, certain factors are […]

A Look at Possession of and Dealing in Cocaine

Monday, February 2, 2015

A Quick and Concise Guide to Possession of and Dealing in Cocaine:  – Most people are at least somewhat familiar with cocaine, and you have likely seen the movie Blow or an episode of Drugs, Inc. documenting the drug trade and the use of cocaine.  Cocaine use is dropping, especially compared to drugs like marijuana, […]

Possession and Dealing in Methamphetamine

Sunday, January 25, 2015

Possession and Dealing in Methamphetamine – No matter how you have become familiar with the term “meth,” it’s hard to argue against the growing exposure of our culture to it. For anyone that has gone to the drug store to purchase Sudafed, an over the counter cold medicine often used to make meth, often times […]

Possession and Dealing of Heroin

Sunday, January 18, 2015

A Look at Possession and Dealing in Heroin   In this blog the Indianapolis Criminal Defense Attorneys at Banks & Brower take a look at possession and dealing in heroin. Before we take a look at the crimes of possession and dealing in heroin we will look at a little background information on the drug […]

A Look at How Complaints are Filed Against Your Professional License

Monday, January 12, 2015

You’ve Received a Complaint against your Professional License:  Now what?   Are you a licensed professional?  Have you ever received a letter from the Office of the Indiana Attorney General regarding a professional complaint?  If you have, I’m sure you are desperately searching the internet for answers. We are glad you landed here. Regardless of […]

A Look at How Appeals Work in Indiana

Sunday, January 4, 2015

Indianapolis Appellate Attorney Blog – Should I File an Appeal, and How Does an Appeal Work?  – 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 […]

A Quick and Concise Outline of the CHINS Process in Indiana

Saturday, December 27, 2014

A Quick Look at CHINS Cases: – One of the scariest and most overwhelming things a parent can experience is when the State of Indiana decides to file a CHINS (Child In Need of Services) petition against them. The reason it can be so overwhelming is once the Court interjects themselves into the nuclear family through a CHINS […]

A Look at the Crime of Official Misconduct

Sunday, December 21, 2014

Anytime a person in public office, whether it be an elected official or a police officer, commits a crime, it is likely to make news.  What you may not know, is that not only will this public official have the added pressure of media attention, but they may also have a felony charge created just […]

Indiana’s New Specialized Driving Privilege

Sunday, December 14, 2014

Specialized Driving Privileges:  Indiana’s New Hardship License -. Have you been patiently (or impatiently!!!) sitting by the sidelines unable to drive for what seems like forever? Or, have you been driving when you aren’t supposed to, constantly checking your rear-view mirror for police officers? Well it appears there may be good news on the horizon. In […]

A Look at How Parole Works in Indiana

Sunday, December 7, 2014

What is Parole in Indiana? _  Parole is similar to probation in many ways, but there are important distinctions that are important for persons facing time in the Indiana Department of Correction to understand.  In many cases parole will follow completion of one’s executed sentence.  An executed sentence may be any number of years served […]

The Crimes of Intimidation and Harassment

Saturday, November 29, 2014

A Quick Look at Indiana’s Statutes on Intimidation, Harassment, and Stalking – Before you post that nasty comment about someone on Facebook, or before cyber stalk…you might want to think about whether that communication or internet spying might cross the line. In this blog the Indianapolis Criminal Defense Attorneys of Banks & Brower will focus […]

A Look at Filing for Child Support Modification

Sunday, November 23, 2014

Can I modify my child support order? – If you’re a party to a child support order, you may wonder if that order can ever be modified.  The answer is yes—Indiana allows, under certain circumstances, for modification of a child support order.  If you are going through a divorce, a custody proceeding, or attempting to […]

A Look at Federal Detention Hearings

Sunday, November 16, 2014

What is a Federal Detention Hearing   In state court many times a defendant will have a bond review hearing and the state court will decide what bond a person must post prior to being released.  It can be a cash or surety bond or a combination of both.  (see our previous blog on bonds).  […]

How to Get a Sentence Modification in Indiana

Monday, November 10, 2014

Sentence Modifications after the 2014 Indiana Criminal Code Overhaul  – In this blog the Indianapolis Criminal Defense Attorneys at Banks & Brower look at sentence modifications. A sentence modification is a mechanism by which a person convicted of a crime can seek to have the length or placement of the sentence changed after some portion […]

Can I Spank My Child? A Look at Indiana’s Parental Privilege

Friday, October 31, 2014

To Spank? Or, Not to Spank? That is the Question: – As society becomes more and more politically correct and sensitive, the more and more often we are seeing cases filed against parents for spanking their children for Battery on a Minor as a class-D or Level 6 Felony. Why you might ask? While most […]

Erasing Your Indiana Driving Record

Monday, October 27, 2014

Restricting your Driving Record Under certain circumstances, Indiana law allows you to restrict disclosure of your driving record.  The most common reason you may find yourself wanting to seal your driving record is job related.   IC 34-28-5 allows an individual to petition the court to prohibit disclosure of infraction records. What is an infraction?  Black’s Law […]

A Look at Indiana’s Purposeful Incarceration Program

Sunday, October 19, 2014

Purposeful Incarceration an Alternative to Traditional Incarceration   The whole idea behind prison, accurately called the Department of Corrections, is to get offenders to a point where they will not re-offend.  It has been a challenge for prisons all over the nation.  Too many times an offender enters the prison only to be released and […]

Factors Judges Consider When Sentencing a Defendant in Indiana

Sunday, October 12, 2014

A Look at Indiana’s Aggravating & Mitigating Factors When It Comes to Sentencing   Many people know that a judge generally has considerable leeway in imposing a sentence after a person is convicted of a crime.  For example, a sentence for a Level 5 felony can range from 1 to 6 years.  So how do […]

A Look at How Criminal Extradition Works in Indiana

Sunday, October 5, 2014

Understanding How Extradition Works in Indiana – Extradition is a word that is often tossed around by the general public, but all too often, many don’t truly understand what it means, how it works, and how it’s enforced in the criminal defense world. In this blog the Indianapolis Criminal Defense Attorneys at Banks & Brower […]

A Look at Indiana’s Relocation Statute

Sunday, September 28, 2014

Relocation of a Custodial Parent  – If you’re a custodial parent thinking about moving, you need to be aware of the Notice of Intent to Relocate statute under I.C. 31-17-2.2, which lays out specific requirements that a parent must follow in order to relocate.  Anyone who is subject to a custody order, parenting time order, […]

A Look at Indiana’s Domestic Violence Laws

Sunday, September 21, 2014

With all the media attention from the NFL focusing on the issue of domestic violence, this blog takes a timely look at the domestic violence criminal laws in Indiana.  For those suffering from domestic abuse click on http://www.helpguide.org/mental/domestic_violence_abuse_help_treatment_prevention.htm for numerous resources to assist victims of domestic violence. In Indiana domestic related abuse is a separate charge. […]

A Look at Indiana’s Sentencing Guidelines

Sunday, September 14, 2014

UNDERSTANDING INDIANA’S CRIMINAL SENTENCING GUIDELINES Below is a chart showing the classes of felony crimes in Indiana and the associated sentencing ranges.  Also included is the advisory sentence for each category of felony.  SENTENCING RANGES CHART Felony Level Sentence Range (min. – adv. – max.) Murder 45 – 55 – 65 Level 1 20 – […]

Company Profile

Banks & Brower was founded in 2012 by attorneys Brad Banks and Adam Brower, bringing together more than 15 years of combined legal experience. Banks & Brower strives to exceed every client's expectations. Banks & Brower, Principled Attorneys, Proven Results.

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  • Banks & Brower LLC.
    9102 N. Meridian Street, Ste. 500
    Indianapolis, IN 46260
  • Phone: 317-870-0019
  • Email: info@banksbrower.com