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What kinds of cases are Excluded from Expungement?

Posted in On February 6, 2024 By Joe Wyckoff

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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What is mediation and why should I use it for my divorce?

Posted in On January 29, 2024 By Romy Elswerky

Many divorcing spouses ask what mediation is and why it would be beneficial in their divorce case.  In this article, we will go over those questions and others to look at some of the advantages mediation has over other methods of finalizing a divorce case  Mediation is considered an alternative dispute resolution.  Instead of going to court and having a judge decide all of the terms of a divorce, spouses may be able to resolve…

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What’s new in the Indiana Rules of Criminal Procedure?

Posted in On January 12, 2024 By Joe Wyckoff

Effective January 1, 2024, Indiana’s Rules of Criminal Procedure underwent a significant overhaul. The Indiana Supreme Court approved the new Rules of Criminal Procedure after a yearslong process of study, proposed rules, commentary, and deliberation by stakeholders in the criminal justice system. The new rules should be of great benefit to both criminal defendants and their attorneys, as they largely standardize practice in courts across the State of Indiana. In updating the Rules of Criminal…

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What is “Chain of Custody” and why is it Important?

Posted in On January 4, 2024 By Bill Frederick

Chain of Custody is a legal term of art that occasionally becomes an issue when dealing with the admissibility of evidence at trial.  Chain of custody is defined as the chronological documentation or paper trail that records the sequence of custody, control, transfer, analysis, and disposition of evidence.  In order to admit fungible evidence, there typically must be evidence as to the item’s chain of custody to ensure the item is what it purports to…

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Navigating the Maze: What to Expect in a Personal Injury Claim

Posted in On December 28, 2023 By Kyle Noffsinger

Personal injury claims arise when an individual is injured due to the negligence of another party.  Navigating through the complexities of a personal injury claim can be overwhelming, but understanding the key elements and the general process can help ease some of the stress.  In this blog, we’ll walk you through what to expect in a personal injury claim, providing you with insights into the various stages and considerations. Initial Consultation and Investigation: The journey…

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Can I Remove a Sexually Violent Predator Designation in Indiana?

Posted in On December 20, 2023 By Bill Frederick

We often get calls from individuals who are classified as sexually violent predators under Indiana law.  Oftentimes people are confused about why they are classified as a sexually violent predator when they were never told that at their sentencing hearing.  A person can be classified as a sexually violent predator under Indiana Code 35-38-1-7.5 if certain circumstances exist. Under Indiana Code 35-38-1-7.5(a), a sexually violent predator is defined as a person who suffers from a…

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Should I Hire an Attorney before I’m Charged?

Many people call our office wondering if it’s a good idea to hire an Indianapolis criminal defense attorney before they are officially charged by the prosecutor’s office. They have a million questions about what could happen and what has already happened. The majority of those questions revolve around what a lawyer can provide during that stage of the process. This blog will address the questions here. First and foremost, having a lawyer onboard ahead of…

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How do the holiday’s affect parenting time with my child?

Posted in On December 8, 2023 By Romy Elswerky

As the holiday season approaches, many parents and families may be wondering how parenting time will be affected by the holiday season. You may have an order issued by the court which states how holidays are to be divided. However, in many cases, Courts may adopt the Indiana Parenting Time Guidelines to determine holiday parenting time. In order to help establish an equal and balanced schedule, Indiana has outlined special guidance for holiday parenting time….

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Brad Banks who has more than 20 years of legal experience as a criminal defense attorney.