2021

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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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Indiana Sex Registry: Do I Have to Register for 10 Years or Life

Indiana Sex Registry: Do I Have to Register for 10 Years or Life

As complicated as the Indiana Sex Registry statutes are, we thought it made sense to simplify all the statutes, exceptions, and nuanced factors into simple, easy to understand charts. Below are the two charts simplifying the process. The first chart lists all the Indiana Sex Registry crimes and whether they are 10-year or lifetime registries: D = Defendant AV = Alleged Victim P/G = Parent/Guardian SVO = Serious Violent Offender   The second chart below…

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Can I File My Divorce in Indiana?

Can I File My Divorce in Indiana?

Posted in On May 9, 2021

When filing for divorce in Indiana, it is important that you file in the correct place. To file a petition for dissolution in the state of Indiana, at least one party must have lived in Indiana for at least six months. The Indiana party could be a resident of Indiana or a member of the United States military who has been stationed in Indiana. The county in Indiana in which the petition is filed will…

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Constitutional Rights you Waive When you Plead Guilty

Posted in On May 2, 2021

Every single guilty plea around the State of Indiana typically looks relatively the same. While each judge conducts the hearings slightly different and pleas may read differently. There are certain things that must be included in any plea agreement, regardless of the level, and irrespective of the penalty agreed to. More specifically, when someone is pleading guilty, they must demonstrate an understanding of what they are pleading to, the range of penalties they are facing,…

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I Wasn’t Read My Miranda Rights, So Shouldn’t My Case be Dismissed?

From time to time, we receive calls from people that have recently been arrested and have concerns about the arresting police officer not reading them their rights.  These people are referencing what is commonly referred to as the “Miranda Warning.”  As far as answering whether or not a case should be dismissed because the police failed to give the Miranda Warning—-the answer is…..it depends. Popular television shows have educated the public about the Miranda Warning. …

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