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One of the most confusing areas of U.S. immigration law involves “unlawful presence.” Many immigrants are surprised to learn that leaving the United States after accruing unlawful presence can trigger multi-year bars from returning. Understanding these rules is critical before making any travel or immigration decisions. What Is “Unlawful Presence”? “Unlawful presence” generally refers to time spent in the United States without legal authorization. Under the Immigration and Nationality Act (INA), a person accrues unlawful…

In almost every single sex-based crime that is charged in Indiana, the stakes couldn’t be much higher. Whether someone is facing high fines, a lengthy prison sentence, a long-term sex registration, and/or the public stigma of a sex-based conviction, it is no wonder we receive so many calls on these types of cases. Many times peoples’ lives are on the line and they are desperate for guidance and help from an experienced Indianapolis Sex Crimes…

Harassment can qualify as a felony in Indiana under specific circumstances, although many cases begin as misdemeanors. The question is harassment a felony often surfaces right after an arrest because charge severity influences jail exposure, permanent criminal history, firearm eligibility, and leverage during negotiations with the state. Indiana criminal statutes draw a deliberate boundary between uncomfortable conduct and criminal behavior, then allow escalation when aggravating factors appear. From our standpoint as criminal defense attorneys, early…

We often get asked how someone’s felony conviction can be reduced to a misdemeanor. Good news! There are actually multiple ways to get a felony reduced to a misdemeanor. First, a prosecutor can always agree that they may not have enough evidence to succeed on a felony count. In that instance, they could agree to plead you to a separate misdemeanor. Now, what if the prosecutor has enough evidence against you to convict you of…

Missing a court appearance can feel overwhelming, especially when criminal charges are already pending; questions start piling up fast, stress builds, and the uncertainty can be difficult to manage. What happens if you miss a court date in Indiana depends on the type of case and the reason for the absence, but the legal system doesn’t treat it as a small mistake; even a single missed hearing can change the direction of a criminal case…

Attending University is supposed to be the best years of a young person’s life. Working to maintain their degree while also having new social experiences, which frequently involve attending parties. A classic college party scene is marked by loud music, dancing, and plenty of alcohol to go around. Unfortunately, along with alcohol comes poor decision making. This occasionally results in allegations of sexual misconduct, assault, or even rape, which triggers a university investigation. Title 9…

Criminal charges tied to a loss of life place enormous pressure on anyone accused, both legally and personally. Conversations about prison exposure, felony levels, and long-term consequences often start immediately after an arrest. When discussing a manslaughter sentence, Indiana law establishes clear statutory boundaries; however, real outcomes depend on the facts, intent, and how the defense frames the case. At Banks & Brower, our criminal defense team approaches these cases with urgency, precision, and a…

In Indiana, officers generally need either probable cause, valid consent, or a recognized exception to the warrant requirement to lawfully search a vehicle. The police have probable cause when they make specific observations that would make a reasonable person believe the car contains evidence of a crime. The most common observation that leads officers to search a car is the odor of marijuana. Any criminal attorney with experience would agree that it is the most…