The Fourth Amendment to the United States Constitution appears to require law enforcement to obtain a warrant before searching your person or property. Of course, countless exceptions have been carved out of that requirement, and they can vary based on the specifics of a certain situation. If police searched your person or property without a warrant, you will want to contact an attorney at Banks and Brower to review your case and see if there’s…
In Indiana, when parents are in a custody dispute, the Court has to make a decision that will impact their children and each of the parents’ relationship with their children. Specifically, the Court will issue an order that will cover the custody of the children. That order will include a ruling as it relates to legal custody and physical custody. When the Court talks about legal custody, the Court is talking about decision making on…
Many people spend the New Year’s holiday re-evaluating their lives. Questioning their life choices, diet, exercise routine, (marriages?) and everything else under the sun. They establish lofty goals that last a week and then sadly fizzle. According to DiscoverHappyHabits.com, after 1 week, 75% of people are still keeping up with their resolution — that means in only 7 days, ¼ of all people have failed. After two weeks, alas, 71%. After 1 month, 64%, and…
Although DUIs (or OVWIs in Indiana) are unfortunately all too common, there are several charges that can be brought based on the circumstances, and the charges can range from simple misdemeanors to complex felonies. Below is a breakdown of each Operating a Vehicle While Intoxicated (“OVWI”) charge from least to most serious. OVWI – Base Level Charge Operating a vehicle with a BAC of 0.08 to 0.14 or under the influence of drugs so there…
A sentence for a criminal offense can be either executed or suspended. When a sentence is suspended, some or part of the sentence is typically served on probation, but the defendant is otherwise free to travel within the state. Crimes that are eligible to be suspended at sentencing are often referred to as “suspendible” offenses. If a defendant is convicted of a crime that is not eligible to be suspended at sentencing, the crime is…
Under Indiana law, a court may grant certain persons convicted or accused of motor vehicle related crime, such as DUI/OVWI, a legal remedy called “Specialized Driving Privileges.” These privileges permit a person, whose license has been suspended, the ability drive for specific purposes (work, school, childcare, medical appointments, etc.) upon a showing of necessity (financial need, health & safety, etc.). Historically, these privileges are not available to certain people if they: Have never been an…
Since the groundbreaking civil rights victory in Obergefell codified same-sex marriage in 2015, same-sex couples across America have utilized the legal protection to build their lives and their families. However, there have been some recent insinuations from the Supreme Court that the legal principle of substantive due process may be getting a new, conservative-leaning interpretation. Substantive due process not only is one of the key building blocks that fortifies same-sex marriage but also interracial marriage….
Here at Banks and Brower we frequently get calls from people who had an argument, fight, or misunderstanding with a loved one. The police are called and now their loved one is facing domestic violence charges and the Court has issued a no-contact order even though they did not request one. While this can be frustrating, it is routine in Indiana and there are steps you can take to try to get this no-contact order…