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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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Child Inclusive Mediation

Child Inclusive Mediation (CIM) is a process that adopts a co-mediation approach utilizing both a specially trained Mediator and a Child Consultant during a family’s separation. This process helps separating parents focus on the best interests of their children by giving them the opportunity to have their views heard about the changes in their family in a safe and confidential environment without the fear of upsetting either parent. The Child Consultant is trained to ensure…

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Banks & Brower Community Blood Drive October 28, 2021

Posted in On September 28, 2021

560 Units are needed for Indiana Hospital Patients. EVERY. SINGLE. DAY. Give Blood. Give Hope. THERE IS NO SUBSTITUTE!!!! REGISTER with the QR Code below, or contact Megan at megan.phillips@banksbrower.com.

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How do Juveniles get into Adult Court?

Most people realize that juveniles are treated differently than adults in criminal cases. Even the Supreme Court has gone out of its way to issue numerous rulings (see Brown v. State, 10 N.E.3d 1 (Ind. 2014) and Fuller vs. State, 9 N.E.3d 653 (Ind. 2014)) specifically mentioning that juveniles should be treated differently because they have not fully matured, often don’t fully recognize the wrongfulness of their acts, and are able to be rehabilitated with…

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