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The Fourth Amendment to the United States Constitution states that every citizen shall enjoy the right “to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” While this right applies to passengers and drivers during a traffic stop, you have slightly different rights and responsibilities as a passenger. While the police have the authority to ask for the driver’s identification during a traffic stop, they don’t have that same authority…

    Like the sun rising each morning, each legislative session in Indiana brings a plethora of proposed bills to the floor for our legislators to consider.  While the vast majority of bills are not enacted, each year at least a handful impact the criminal justice system.  It is important for both citizens and criminal defense lawyers to stay knowledgeable of changes which may impact them, so this week’s blog from Banks & Brower highlights…

A DUI conviction can feel like a lasting burden, one that follows you well beyond court dates and fines. It may show up on background checks, limit your access to employment, affect housing opportunities, and even create barriers in professional licensing.  Even after fulfilling every court-ordered requirement, the consequences can linger in ways that impact your daily life. But in Indiana, you may have options to reduce that impact and move forward with peace of…

When someone is going through a divorce in Indiana, part of what a Judge will do is divide the marital estate of the divorcing spouses. It is not uncommon for people who are divorcing to wonder what specifically the Court will consider when dividing the things the spouses have and whether certain items will be divided by the Court. The general question we often get asked is, “What do divorce courts do?”   In any…

On January 11, 2023, Chief Justice Loretta Rush reported in her State of the Judiciary to the Indiana legislature that there were 36,000 pending new Protection Orders in our courts.  In today’s blog we discuss a basic introduction to the Protection Order process, and the due process that you should receive as either a person petitioning the court for protection, or the person whose freedom is being restrained by the order. The Act is intended…

Knowing the limits before you get behind the wheel isn’t just smart—it can protect your future, your freedom, and your finances. At Banks & Brower, we’ve guided countless clients through the complexities of DUI laws, and one question we hear time and again is: what is the legal alcohol limit in Indiana? Whether you’re hosting a gathering, dining with friends, catching live music, or heading out for a night in downtown Indianapolis, this question could…

  When someone is injured due to another’s negligence – whether in a car accident, a slip and fall, or a dog bite – they often have the right to pursue compensation.  But what happens if the injured person is also partially at fault for the accident?  This is where the legal concept of comparative negligence comes into play. Understanding how this rule works is critical for anyone considering pursuing a personal injury claim in…

  For parents, the news of a child’s arrest can be terrifying and disorienting. You may be asking yourself what the options are when your child gets in trouble. Unlike the adult criminal justice system, Indiana’s juvenile law prioritizes rehabilitation over punishment. However, that doesn’t mean the process is without serious consequences, particularly when it comes to juvenile detention. Understanding the immediate legal procedures and rights involved is crucial for any family facing this challenging…