June 2021

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Marijuana DUI: An Affirmative Defense

Pursuant to Indiana Code 9-30-5-1 there are three ways a person can be charged with operating while intoxicated. First, operating a vehicle with an alcohol concentration of .08 but less that .15. Second, operating a vehicle with a vehicle with an alcohol concentration of .15 or greater. Third, operating a vehicle with a controlled substance listed in schedule I or II of I.C. 35-48-2 or its metabolite. Marijuana is currently listed as a schedule I…

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Good News About Juvenile Expungements

Posted in On June 22, 2021

Going through the legal system as a juvenile can be a scary and have a lasting impact on the child and their family. However, there is good news, a juvenile true finding does not have to hang over a person’s head forever. Effective June 1, 2021, under Indiana Code 31-39-8-3.5 if a juvenile has reached the age of 19 or has been discharged from the juvenile court system (whichever is later), the court on its…

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Expungement?

Have you, or someone you know, been convicted of a crime? If so, you may be eligible for an expungement off your records.  Please refer to the Banks & Brower Expungement Guide to see if you qualify.

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False Accusations in Sex Offense Cases

It is upsetting to think that sometimes people are falsely accused of committing a crime.  Unfortunately, false accusations do happen and sometimes criminal charges are filed against innocent people.  In our experience, the most common type of case in which false accusations are made are sex offense cases.  As a result, these cases routinely go to trial.  The laws and rules of evidence governing what can and cannot be brought up at trial in sex…

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Can You Set Aside a Paternity Affidavit?

Can You Set Aside a Paternity Affidavit?

Posted in On June 1, 2021

Like many things in life, families come in many shapes and sizes. Families are formed and can change throughout a lifetime, including the roles parents play in a child’s life. Having a father in your child’s life comes with many benefits, including emotional connection, support, and avoiding future complications that come with establishing paternity. But what happens if the man listed on the birth certificate is not in fact the child’s biological father? Can you…

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