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Understanding How Extradition Works in Indiana Extradition is a word that is often tossed around by the general public, but all too often, many don’t truly understand what it means, how it works, and how it’s enforced in the criminal defense world. In this blog the Indianapolis Criminal Defense Attorneys at Banks & Brower will address how extradition works and how it plays out in a typical criminal case. Extradition, in its most simplistic form,…

Relocation of a Custodial Parent  – If you’re a custodial parent thinking about moving, you need to be aware of the Notice of Intent to Relocate statute under I.C. 31-17-2.2, which lays out specific requirements that a parent must follow in order to relocate.  Anyone who is subject to a custody order, parenting time order, grandparent visitation order, or child support order must file a notice with the court of their intent to relocate. Under…

With all the media attention from the NFL focusing on the issue of domestic violence, this blog takes a timely look at the domestic violence criminal laws in Indiana.  For those suffering from domestic abuse for numerous resources to assist victims of domestic violence. In Indiana domestic related abuse is a separate charge.  To qualify as a domestic violence the two individuals involved must be related as either spouse, former spouse, living or having lived…

UNDERSTANDING INDIANA’S CRIMINAL SENTENCING GUIDELINES Below is a chart showing the classes of felony crimes in Indiana and the associated sentencing ranges.  Also included is the advisory sentence for each category of felony. SENTENCING RANGES CHART Felony Level Sentence Range (min. – adv. – max.) Murder 45 – 55 – 65 Level 1 20 – 30 – 40 Level 2 10 – 17.5 – 30 Level 3 3 – 9 – 16 Level 4 2…

Understanding How a Juvenile Get’s Waived to Adult Court in Indiana:   –  Most people assume, and rightfully so, that so long as you or a loved one isn’t an adult at the time a criminal offense is committed, you can’t be tried as an adult. While in principal that sounds right, and in practice that is mostly right, you might be surprised to hear that isn’t always the case. Most often it depends on the level…

I’ve Filed for Divorce, Now What?  The 60-Day Waiting Period So you’ve pulled the trigger and filed for divorce.  Taking that first initial step can leave you feeling anywhere from sad, to scared, or maybe even relieved, but often times it leaves people wondering—what happens next? Or, what do I need to do now? Under Indiana law, a divorce cannot be finalized for at least 60 days from the date of filing.  The purpose behind…

Trespass, residential entry and burglary all involve someone invading the property of someone else.  However, the elements to prove each crime and the penalties involved are significantly different.  This week’s blog will take a look at each in order from least serious to most serious. First we start out with the crime of trespass.  Everyone has seen the signs posted that say “no trespassing” or trespassers will be prosecuted, but how exactly does this crime…

As many of you are aware, our General Assembly this year passed a comprehensive overhaul of our criminal code.  Some of the changes have been highlighted in previous blogs, and this week’s post takes a look at the habitual offender enhancement in its current form. What is a habitual offender? Habitual offender enhancements are used to increase the penalty for a given crime based on an individual’s criminal history.  The habitual offender enhancement must be…