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What Does An Expungement Do?

What Does An Expungement Do?

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…

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Metabolites can Constitute Posession

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…

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Defending Cases With Jailhouse Informants and Co-Defendants

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…

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Pay a Bond or Pay a Lawyer

Pay a Bond or Pay a Lawyer

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…

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Changes to Indiana’s Relocation Statutes

Changes to Indiana’s Relocation Statutes

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…

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I’m pregnant and facing jail time. What do I do?

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…

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Fast and Speedy Trials in Indiana

Fast and Speedy Trials in Indiana

The right to a fast and speedy trial can be found in Indiana Criminal Rule 4 which exists to enforce the state constitutional guarantee of a speedy trial. The rule typically applies to individuals in jail but in certain circumstances can apply to those who have been bailed or released on their own recognizance. However, there are a few different subsections of the rule that apply to various situations differently which this article will seek…

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5 Easiest Ways to Get Your Criminal Case Dismissed

5 Easiest Ways to Get Your Criminal Case Dismissed

Many times, when we are hired as defense attorneys on criminal cases, clients often ask, is it possible to get my case dismissed? While the answer is often “it depends,” there are a lot of factors and strategies that go into whether or not to pursue that course of action. So, what are the five most common ways to get a case dismissed? Below is our list. While it isn’t all-encompassing, these five areas are…

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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.