November 2022

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How to Lift a No Contact Order

Here at Banks and Brower we frequently get calls from people who had an argument, fight, or misunderstanding with a loved one. The police are called and now their loved one is facing domestic violence charges and the Court has issued a no-contact order even though they did not request one. While this can be frustrating, it is routine in Indiana and there are steps you can take to try to get this no-contact order…

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What is a Batson Challenge?

A longtime tenant of the American judicial system is that every individual is entitled to a fair and impartial jury trial.  Over the history of the nation’s existence, the Supreme Court has illuminated what a “fair and impartial” jury trial means, and what rights for criminal defendants are protected under the United States Constitution.  This blog will examine how the case of Batson v. Kentucky has broadened the scope of what a fair jury trial…

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Can the Police Look Through My Phone?

When the founders of our country wrote the Constitution and the Bill of Rights, photos did not exist, audio and video recordings did not exist, GPS did not exist, and everything written was on a physical piece of paper. As technology has developed over the past 250 years, Courts have sometimes struggled to take the 4th Amendment language, written in the late 18th century, and apply it to modern society. One more recent application is…

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How Can My Criminal Case Affect My Custody Case?

Indiana is a no-fault state, meaning that you can get a divorce in the state without the necessity of proving there was fault by either spouse.  That being said, when you’re dealing with custody of children, whether that be as part of a dissolution of marriage, post-dissolution of marriage, or in a paternity proceeding, various factors that would not be relevant for a divorce can be relevant in the Court’s determination of which parent should…

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