October 2026

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Criminal Recklessness in Indiana

Criminal Recklessness is a crime that is charged often in Indiana.  The idea behind criminalizing reckless behavior is that the public should be protected from careless actions that create a substantial risk of injury, even if no injury actually occurs.  In other words, the crime of criminal recklessness is aimed at punishing risky behavior, and not just the results from that behavior.   Criminal Recklessness is defined by I.C. 35-42-2-2.  The statute reads in part:…

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Can a Deportation Order Be Appealed?

Posted in On October 20, 2026 By Brad Banks

Key Takeaways Federal law lets an immigration judge decide removal cases, and that process opens a path to appeal. A Notice of Appeal to the Board of Immigration Appeals must be filed within 30 days. Appeals rely on the existing hearing record and rarely include a new hearing. A successful appeal identifies a specific legal or factual error, not general disagreement. Options after a denied appeal include motions to reconsider, motions to reopen, or federal…

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Can You Travel With a Pending Criminal Case?

Posted in On October 12, 2026 By Brad Banks

Key Takeaways Bond conditions in Indiana can restrict travel outside the county or state during a pending case. Indiana Code 35-33-8-3.2 allows judges to limit movement as a condition of release. Misdemeanor cases often allow domestic travel if court dates are never missed. Felony cases usually require a judge’s approval before any trip outside Indiana. Traveling without permission when restricted can lead to a bond revocation and an arrest warrant. A pending charge does not…

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What Is the Exclusionary Rule in Indiana?

Posted in On October 2, 2026 By Brad Banks

Key Takeaways The Fourth Amendment protects against unreasonable searches and requires probable cause before a warrant can issue. The exclusionary rule blocks evidence gathered through a Fourth Amendment violation from being used at trial. Indiana Code 35-37-4-5 allows evidence obtained in good faith reliance on a defective warrant to remain admissible. Exceptions include independent source, inevitable discovery, attenuation, and impeachment use of otherwise excluded evidence. Suppressed evidence can lead to dismissal, a stronger plea negotiation,…

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Brad Banks who has more than 20 years of legal experience as a criminal defense attorney.