Key Takeaways A NOID states USCIS plans to deny based on identified concerns. A NOID is not a final denial and allows response before decision. USCIS policy may require notice and an opportunity to respond when relying on certain derogatory information unknown to the applicant. A NOID includes a response deadline, and failure to respond may result in denial. Responses must address each concern with organized evidence and direct explanations. Receiving a letter from U.S….
Getting an expungement can be one of the greatest life-changing events for someone with a criminal history. Why? Because it often takes an eraser to your criminal past – allowing people to start anew and with a fresh perspective on life. We at Banks & Brower, LLC, as experienced expungement attorneys, love helping people through this process. It is incredibly rewarding to watch the positive effect an expungement can have. Sadly, the legislature has made…
Key Takeaways OWI means Operating While Intoxicated, the legal term used in Indiana. Indiana interprets vehicle operation broadly; control of a stopped vehicle may qualify. Impairment includes alcohol, prescription medication, illegal drugs, or mixed substances. A BAC of 0.08 to 0.14 generally supports a Class C misdemeanor. Charges may proceed without BAC above 0.08 based on conduct and evidence. An OWI charge often arrives without much warning, leaving many drivers unsure what the term means…
When an individual is charged with a crime in the State of Indiana, his or her case is traditionally placed in the “adversarial” court system, where the State seeks to prove guilt and the Court oversees a sentence, if the State is successful. The adversarial system often includes contested hearings, discovery of evidence, and perhaps even a trial to resolve the case. However, these adversarial courts are not the only types of court in which…
In Indiana, individuals are able to request civil protection orders against another individual if necessary, for certain purposes. Indiana law allows a civil protection order to be put in place against another individual if certain thresholds are met. Incidents involving unwanted physical contact, including cases where someone gets arrested for spitting, can serve as grounds for filing a protection order under Indiana law. When a confrontation occurs at home, answering the door for police…
Key Takeaways Federal immigration law allows removal proceedings after certain criminal convictions. Deportation risk depends on how federal immigration law classifies the conviction. Crimes involving moral turpitude may create deportation consequences for non-citizens. Aggravated felony convictions make a non-citizen deportable after admission to the United States. Drug convictions involving federally controlled substances can trigger removal proceedings. Criminal charges can place immigration status at risk for many non-citizens living in Indiana. Federal immigration law allows removal…
If you’ve been injured in an accident, one of the first questions you probably have is: “What is my case actually worth?” The honest answer is- it depends. But understanding what drives value can help you set realistic expectations- and avoid your case being undervalued by an insurance company. Below, we break down the key factors that determine the value of a personal injury case in Indiana. 1. Liability: Before anything else, you have to…
Key Takeaways Indiana defines perjury as knowingly making a false material statement under oath or affirmation. Contradictory material statements in court or grand jury may constitute perjury. Perjury is a Level 6 felony under state law. Prosecutors must prove the speaker knew the sworn material statement was false. False testimony given under witness immunity may still support a perjury charge. Court testimony carries legal weight in Indiana. Statements made under oath influence criminal trials, civil…
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.