Habitual Traffic Violator Law Quite frankly, one of the most pertinent things is to have the ability to drive! Whether it is to school, work, or even just to go out and socialize with friends. Have you ever had your license taken, and did not have the means to do these things – for a substantial amount of time? There is nothing more frustrating than not having a license to legally drive. It can be…
Are Child Support Agreements with No Child Support Legal? “We have reached an agreement that neither parent will pay child support.” That is a common statement made by clients as they are navigating family law. It is heard in divorce and paternity cases. However, the reality is child support is a right of the child, not of the parent. A parent cannot waive something that does not belong to them. Child support exists as an…
A quick look at the Supreme Court’s recent ruling in State of Indiana v. David Brown on whether Miranda warnings apply to DUI checkpoints. On March 2, 2017, the Indiana Supreme Court determined, as a matter other f first impression, that Miranda warnings are not required when a driver was detained at a sobriety checkpoint. This case stemmed from a 2013 incident where the Indianapolis Metropolitan Police Department established a checkpoint to apprehend and deter…
Why you may need SR-22 or SR-50 insurance and the differences between them Although a common misunderstanding, an SR-22 is not actually a type of insurance premium but just a certificate showing proof of future financial responsibility. The certificate is just a document your insurance company sends to the Indiana Bureau of Motor Vehicles to prove that an individual has an insurance policy that will be able to pay for at least the minimum amount…
Understanding Credit Time in Criminal Cases Whenever someone is sentenced in a criminal case in Indiana, the Court takes great concern to appropriately and accurately apply any credit time the defendant is afforded when carrying out the formal sentencing. It is incredibly important because no one should ever serve more time for any offense above and beyond what the level of offense requires minus the time they have already served — otherwise, they can serve…
Federal Safety Valve in Drug Cases Have you or someone you know been charged with a federal offense with little or no criminal history that commit non-violent or non-managerial drug crimes? The Safety Valve Provision of the United States Sentencing Commission (“USSC”) allows for certain cases to not require the statutory minimum required by the USSC. These cases include: The defendant who does not have more than one (1) criminal history point; The defendant did…
A Quick Look at Stepparent Adoption Adoption is an instrumental process in the lives of many Indiana children and can give them the consistency needed for a well-balanced life. An adoption requires a petition filed to the court containing information regarding the child sought to be adopted along with information of the petitioner seeking to adopt. So what happens when the petitioner is married to a biological parent of the child? With divorce at its…
A quick look at consecutive versus concurrent sentencing Whenever somebody is convicted of multiple offenses – whether they arise out of the same incident or different cases – the determination needs to be made on whether the sentences will run concurrently or consecutive to one another. If they run concurrent, the sentences will overlap and be served at the same time. Consecutive sentences, on the other hand, require one to finish before the other begins….
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.