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Level of Charge Fine & Sentence Chart

If you have any questions, don’t hesitate to contact the attorneys at Banks and Brower at (317) 526-4630 or info@banksbrower.com.

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Can I be Charged just for Driving with Marijuana in my System in Indiana?

Marijuana legalization has surged around the country, including in states surrounding Indiana.  Many people who utilize marijuana legally outside the state often have concerns about whether they could be charged with and convicted of an operating while intoxicated offense in Indiana based solely on the presence of marijuana (or its metabolites) in their blood.    Indiana law currently criminalizes operating a vehicle with a controlled substance listed in schedule I or schedule II or its…

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What is Paternity and How Can It Be Established?

Posted in On March 13, 2024

In determining the rights and responsibilities both parents have towards a child, establishing paternity may simplify the process. In Indiana, paternity provides a child born outside of marriage a legal father. Establishing paternity outlines a father’s legal rights and responsibilities towards a child. Additionally, establishing paternity can aid in issues revolving around child custody, parenting time, and child support. Resolving paternity issues may allow a child the rightful ability to bond with both parents. How…

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Considerations in Sentencing

There are many occasions over the course of criminal cases where the Judge gets to decide what the sentence will be. If someone loses a trial, then the judge can sentence someone to whatever they want within the range of sentences prescribed by statute. For example, if someone is convicted of a Level 5 Felony after a trial, they can be convicted of anything between 1 and 6 years, with an advisory sentence of 3…

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Understanding the Legal Concept of Hearsay: A Comprehensive Guide

Hearsay is a fundamental legal concept that plays a crucial role in the justice system. It refers to the introduction of out-of-court statements or declarations as evidence in court proceedings. The rationale behind the hearsay rule is to ensure the reliability and credibility of the evidence presented, promoting fair trials and justice. In this blog, we will delve into the nuances of hearsay, its definition, exceptions, and the impact it has on legal proceedings. Definition…

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Deciding Whether to Hire an Attorney for Your Personal Injury Case

Facing a personal injury case can be a challenging and overwhelming experience.  From medical bills to lost wages, the aftermath of an injury can have a significant impact on your life.  One crucial decision you’ll need to make is whether to hire an attorney to help you navigate the complexities of your personal injury case.  In this blog post, we’ll explore the factors to consider when deciding whether to seek legal representation. Understanding the Complexity:…

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Can the Prosecution use a Witness Statement at Trial if the Witness is NOT Present to Testify?

When a subpoenaed witness does not appear for trial, it puts the prosecution in a bind.  The defendant has the right to confront and cross examine all witnesses testifying against them.  When a witness does not appear for trial, or refuses to testify at trial, the prosecutor can be hard-pressed to get the witness’ out of court statements into evidence.  This blog will examine the two hurdles the State must overcome to use a witness’…

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What kinds of cases are Excluded from Expungement?

The Indiana Expungement statutes are complex and carry lots of caveats. To simplify them, you can start with an assumption that all criminal cases can be expunged, then you start carving out lots of exceptions. This article does not discuss the various waiting periods and other requirement necessary to get a case expunged, but rather the simple question of whether or not a particular conviction is ever expungable. Below is a table of offenses that…

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