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After charges have been filed against a person, a judge will then determine if a person is eligible to be released. If the court determines that the arrestee does not pose a significant risk of danger to herself or others, then the court will determine a bond amount. The bond amount is based on the charges filed. To learn more about bonds specifically, see https://banksbrower.com/2019/09/16/pay-a-bond-or-pay-a-lawyer/. A judge looks to different factors to decide if the…

It seems like every single week, somewhere around the country, there is a local and/or national story about a teacher having an “inappropriate sexual relationship with a student(s).” Whether involving high school students or middle school students, there are teachers of both sexes that are consistently being caught having sexual relations with children of all ages and sexes. Given the position of trust that teachers have with their students, the legislature has created a specially…

The concept of self-defense in the state of Indiana is generally seen as an act that is recognized as a valid justification for an otherwise criminal act. Meaning, that under Indiana Code 35-41-3-2(a) an individual is, “justified in using reasonable force against another person to protect himself from what he reasonably believes to be the imminent use of unlawful force.”  Historically, this notion of self-defense “is predicated upon the right of every citizen to reasonably…

Everyone has the right to a fair trial.  There are some circumstances in which a change of venue is necessary in order to preserve this right.  Sometimes, media coverage has been so extensive in a particular case that it makes getting a fair trial impossible unless the case is moved out of the immediate jurisdiction.  To address this very real concern, Indiana law makes it possible to change venue in a criminal case. Indiana Change…

One of the most overlooked topics when a couple divorcing is estate planning.  When a couple gets married and starts a family it is typical for them to worry about an unforeseen accident or death.  Couples plan for a Guardian for any minor children and how they want their assets split if one or both meet an untimely demise.  If for some unfortunate reason the marriage shall end people often forget about their estate planning…

The expungement laws in Indiana went through a complete revitalization in July 2013 in what the state legislature deemed the “second chance law.” We have written several articles detailing the expungement process, timeline, and alternative DCS, CHINs, and protection order petitions. This article looks to specifically what happens once an expungement has been granted, timelines, and your rights when you moving forward post-expungement. What Happens After an Expungement is Granted? When a misdemeanor or low…

While some states have begun to legalize marijuana (specifically, Michigan and Illinois) it remains illegal in Indiana. Even after the consumption or use of the said substance, one can still be charged with possession. Meaning that a substance may have been legally used in one state, it still can be criminally charged as a possession and or usage with only containing/maintaining the substance within your bodily system. Typically, there are two situations where this issue…

There are two broad types of evidence that judges and juries may consider at trial.  Physical evidence, or exhibits, are typically things that the factfinder can hold, see, and touch.  The other broad category of evidence is witness testimony.  The amount of weight put on either physical evidence or testimony is solely up to either the judge or jury during deliberations.  Sometimes, there is no physical evidence to consider, and the case is exclusively built…