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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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How Does a Pre-existing Injury Affect my Injury Claim?

Posted in On September 29, 2026 By Brad Banks

In cases where someone has a pre-existing condition, insurance companies like to use that against victims to deny or minimize their injury claims.  Personal injury claimants have the right to pursue compensation for their injuries even if they had other injuries or conditions before the accident. Injury cases where one has a pre-existing condition can be more complex.  These claims often require more due diligence and medical support to prove that the new injuries occurred…

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Indiana Disorderly Conduct Laws

Indiana Disorderly Conduct Laws

Posted in On September 28, 2026 By Brad Banks

Key Takeaways Indiana Code 35-45-1-3 defines disorderly conduct as fighting, unreasonable noise after a request to stop, or disrupting an assembly. A standard conviction is a Class B misdemeanor with up to 180 days in jail and a $1,000 fine. Disorderly conduct becomes a Level 6 felony near airport security zones or within 500 feet of a funeral. Defenses include lack of criminal intent, self-defense, and free speech protections depending on the facts. A conviction…

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What Is Voyeurism Charge in Indiana?

What Is Voyeurism Charge in Indiana?

Posted in On September 21, 2026 By Brad Banks

Key Takeaways Indiana Code 35-45-4-5 makes peeping into a dwelling or a place where someone expects privacy a Class B misdemeanor. Using a camera to peep raises the offense to a Level 6 felony under Indiana law. Voyeurism covers restrooms, showers, and dressing rooms where privacy is reasonably expected. A conviction can affect professional licensing, employment, and long-term reputation. Several defenses exist, including lack of intent, consent, and mistaken identity. Police in Indiana move quickly…

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What is a Mistrial?

At this point, most people have heard about the Lindsey Clancy Trial.  As you may have heard, it ended in a mistrial.  So what exactly is a mistrial?  Well what it boils down to is that mistrial is a trial that could not be completed for some reason.  It is then essentially stopped and rescheduled. A mistrial can happen for a few reasons.  A common reason for a mistrial is that an attorney or witness…

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Is Your License Suspended Immediately After a DUI in Indiana?

Is Your License Suspended Immediately After a DUI in Indiana?

Posted in On September 11, 2026 By Brad Banks

Key Takeaways Indiana law does not suspend a license at the moment of arrest without a failed or refused chemical test. A chemical test result of 0.08 or higher triggers an automatic 180-day suspension. Refusing a chemical test triggers a separate suspension of one year, or two years with a prior conviction. A judge may also order suspension at arraignment, separate from the automatic bureau suspension. Drivers can check current suspension status through their official…

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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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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.