2016

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A Look at Brady Disqualifications

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 that commit horrible crimes also have been limited access to weapons through a conviction and/or through a court order somewhere in their past — yet, sometimes that isn’t the…

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Mediation in Family Law Cases as an Alternative

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 matters can allow parties to resolve matters outside of the traditional courtroom. Mediation is the most commonly used method of Alternative…

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Looking at Making A Murderer and the Steven Avery Case

                  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 blog is being written by Banks & Brower part-owner Brad Banks.  Brad Banks spent nearly 10 years as a deputy…

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A Look at the Burdens of Proof in Indiana

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 in a specific manner, but looking at some of the other standards of evidence in relation to reasonable doubt can help…

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Operating a Vehicle with a Metabolite in Your System

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 Metabolite in your system?  For being intoxicated by the metabolite and for just having it in your system without intoxication?!?! And,…

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Enforcing a Marital Agreement in Indiana

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 divorce. Whether you entered into one or both of these types of agreements, you may be thinking to yourself, can I…

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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 will run through the potential penalties for the various levels of crime. Penalties for Various Levels of Crime in Indiana With felonies, the legislature has issued a range that includes a recommended (known as…

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Your Right to Confront Your Accuser in a Criminal Case

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 you as well, but many people misunderstand that right and don’t know that this right isn’t always what it seems. The…

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