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…
Whenever someone is facing a criminal offense, especially felonies, almost always a bond is required. However, bonds can be all over the map from a couple hundred dollars to hundreds of thousands of dollars (if not more). Typically, if the bond is in the thousands, the question we get the most is, “should I pay the bond or pay a lawyer with that money?” While the answer is it depends and can vary depending on…
Moving soon? Wondering what you need to do to stay compliant with Indiana’s Relocation Rules? As of July 1, 2019, Indiana revised I.C.31-17-2.2 the Notification of Intent to Relocate statute. Who is required to file? Any individual who is moving their principal residence and has or is seeking custody, parenting time, and/or grandparent visitation with a child. It is important to note that custody and/or parenting time need not be ordered by a court for…
There are many questions that arise when a loved one is facing the possibility of jail time, especially if the loved one is a female. Indiana currently has 19 jails ranging from minimum to maximum security. Out of these 19 jails, only two are capable of housing female inmates. The two jails capable of housing female inmates are Rockville and Indiana Women’s Prison. Rockville is a maximum security prison which means that it has the…
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.