It has been extremely hot and humid this summer in Indiana. Luckily, there are a few bodies of water in the central Indiana area that you can jump in and cool down in (Morse Reservoir, Geist Reservoir, or the White River). Before you try to find a way to cool down, the DUI attorneys at Banks & Brower want to share a little bit of information with you. Boating Laws Boating is one of the…
The Indiana legislature has once again expanded the expungement laws in the state and are now allowing individuals to petition to expunge protection orders pursuant to Indiana Code 34-26-7.5 et seq. First, a protection order is a tool that is used by the courts in an effort to protect an alleged victim of domestic or family violence, a sexual offense, or stalking. With the protection order, the court can order someone not to contact another…
For anyone, a DUI conviction has complications that spread far and wide. Whether you lose your license for a period, to your insurance rates rising steeply, to criminal penalties, DUI’s have lasting impacts. Yet, those pail in comparison to punishments CDL holders receive from DUI’s. For CDL drivers, their licenses mean more than anything. After all, without a license, they can’t drive — if they can’t drive, they can’t work — if they can’t work,…
The two main questions most people have when facing criminal charges is what potential penalties am I looking at and how can I help myself between now and the conclusion of the case. Factors That Go Into a Prosecutor’s Decisions In Indiana, prosecutors have complete discretion as to what they will offer individuals via plea agreement. A variety of factors go into a prosecutor’s decision on whether or not to offer a reduced term plea…
That seems to be a question that we hear more and more from potential clients. First, it is important to define what it means when parental rights are terminated. If parental rights are terminated it means that a parent no longer has any legal, social, or financial responsibility for the child. The parent would have no right to custody or visitation with the child, nor would they have a financial responsibility to support the child. …
Once you have decided to divorce, one of the first things you may think about is property division. Before division of assets and debts can be determined, you first must determine what is, or is not, marital property. Some common misperceptions are (1) if a piece of property is titled in one spouse’s name, it will go to that spouse and the other spouse has no claim to that property; (2) if property was acquired…
While the short answer to how property is divided in a divorce is equally, that may not always be the case. Indiana is an equitable division state. Indiana Code states that property shall be divided “in a just and reasonable manner.” I.C. § 31-15-7-4(b). However what is “just and reasonable” is not always clear. Ind. Code § 31-15-7-5 sets forth the presumption for equal division of marital property and the rebuttal, as follows: The court…
The Fifth amendment right against self-incrimination was made famous in the Supreme Court’s decision in Miranda v. Arizona. This case set out the framework for the now well known “Miranda warning.” This warning should be read to individuals that are (1) in police custody and (2) subject to police interrogation. Most people are familiar with the following advisement derived from Miranda: “You have the right to remain silent. Anything you say can and will be…