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Pending Federal Legislation: Justice Safety Valve Act

Past blogs have referenced the differences between State and Federal court but perhaps the biggest difference is the mandatory minimum sentences for certain criminal offenses.  These statutory requirements mean that an individual will serve at least the minimum required time, regardless of what their guideline range may be in the Federal system.  For example, an individual could commit a criminal offense that requires a minimum of 5 years in the Federal Bureau of Prisons and…

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Are You Eligible for an Expungement?

Any person who has been arrested or convicted of a crime may want to have their criminal record expunged. Often, having a criminal record can cause difficulty in obtaining employment, housing, or certain types of licenses. There are a wide variety of reasons to seek expungement. Here at Banks and Brower, we help a lot of people expunge records, but your eligibility may vary depending on the nature of your criminal history. Not everyone is…

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Theft and Conversion in Indiana

Having a conviction for theft or conversion can lead to several headaches.  Employers frequently ask questions and conduct background checks looking for either of these offenses, as they are considered “crimes of dishonesty.”  A conviction for either theft or conversion might very well discourage an employer from hiring an individual.  This blog will define both theft and conversion, as well as explain the difference between the two offenses.   Theft is one of the more…

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Burdens of Proof

In almost all legal settings there is something called burden of proof.  What exactly does burden of proof mean? Cases have regularly defined burden of proof as being the necessity or duty of affirmatively proving a fact or facts in dispute on an issue raised between the parties in a cause. In the law how you meet that burden of proof is the introduction of evidence to either a judge or a jury that then…

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Indiana Parenting Time Guidelines receive a BIG make-over in 2022

Effective January 1, 2022, the Indiana Parenting Time Guidelines (“IPTG”) will receive its biggest make-over in years.  While the new guidelines do not necessarily impact prior custody or parenting time plans, the parties to existing orders can agree to adopt these new guidelines for ease, convenience and uniformity.  Regardless, as with previous versions of the IPTG, a modification of parenting time cannot be based solely on the implantation of the new guidelines.  Below, we’re giving…

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Sex Offender Residency Restrictions

Most people know that when you are required to register as a sex offender that there are certain life restrictions that come along with it. The civil consequences can be overwhelming and cumbersome. What a lot of people don’t realize is that there are, at times and given the type of sex crime conviction they have, limitations on where they can live. Unfortunately, many people only discover this after they are convicted because the attorney…

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The Difference Between the Habitual Offender Sentencing Enhancement and the Habitual Vehicular Substance Offender Sentencing Enhancement

Sentencing Enhancements are, unfortunately, something that repeat offenders must sometimes contend with.  There are two primary sentencing enhancements in Indiana that individuals should be familiar with. Habitual Offender Enhancement The first enhancement that will be discussed is the general Habitual Offender Enhancement.  The statute defining the Habitual Offender Enhancement is IC 35-50-2-8.  If the defendant is convicted of any felony, and has multiple prior felony convictions, the defendant may be eligible for this enhancement.  The…

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Statute of Limitations on Auto Accidents: The Time Limit on Filing a Claim

In 2019, there were approximately 50,000 people who were injured in auto accidents in the State of Indiana alone. The likelihood of being in an accident after driving for a lifetime is very high. If you are injured in an auto accident, it is imperative that you understand the deadlines for filing and pursuing a legal claim.   According to Indiana Code § 34-11-2-4, a claimant has two years from the date of their accident…

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