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I’ve Been Charged with Theft – Now What? Recently we highlighted for you the significant changes that have taken place with respect to felony offenses in Indiana.  One change in particular merits special attention as much for its significance to many criminal defendants (and practitioners) as for its effect of making the punishment more proportional to the crime. Prior to the change in the law effective July 1, 2014, the theft statute read as follows:…

Jail Phone Calls — Is Someone Really Listening? YES! One of the biggest temptations for any defendant once they get behind bars is to call loved ones. Obviously, anyone in that situation would feel the need to reach out to their support group for help, advice, and/or direction. However, and almost without fail, we see instance after instance of inmates talking about the facts of their case to loved ones. And, in almost every single…

Dividing Retirement Accounts in a Divorce—What exactly is a QDRO and how does it affect you? If you’re in the midst of a divorce, or have just recently been through one, chances are dividing retirement accounts is or was a major source of contention. Under Indiana law, the courts presume an equal division of property. Courts can deviate from the presumption, but going by the presumption of a 50/50 split, parties could divide each asset…

This week’s blog topic, the revamping of the Indiana Criminal Code, is a lengthy one.  For those interested in the Indiana Criminal Code though, it is well worth the read.  We start out with the drastic change to the sentencing scheme. If you or a loved one is facing any criminal charges, don’t hesitate to call our Indianapolis criminal lawyers at Banks & Brower, we offer free case evaluations and free consultations. Sentencing Class Current…

Resisting law enforcement is a charge that commonly gets tacked on after an arrest for another charge doesn’t go down as smoothly as the officer would like. The least serious form of resisting law enforcement is an A Misdemeanor, but various scenarios and actions can elevate the charge as high as a Class A Felony (or a Class 2 Felony beginning July 1, 2014). Some circumstances even require mandatory minimum sentences that may not be…

BEFORE YOU SIGN THOSE DIVORCE PAPERS…CONSIDER THIS… When every single divorce client comes through our door, one of the first questions they always ask — well, after the emotions explode and then slowly simmer — is, “What do we need to think about when settling my divorce?” And, though factual considerations vary from client to client, we have a set checklist we always go over with most clients. This blog will attempt to lightly touch on…

One of the most frequent types of cases that end up going to trial are sex crimes.  Many times these cases go to trial because they carry significant penalties that don’t come with most other offenses.  A sex offender in Indiana will many times be placed on “sex offender” probation.  This blog looks at the requirements of the Indiana sex offender probation. -The requirement to register.  One of the conditions of the probation is, if…

Enforcing Interstate Child Support and Obtaining Jurisdiction  – Enforcing child support can be difficult and complicated.  Throw an out-of-state order in the mix and it can get even muddier.  In 2011 alone, there was roughly 37.9 billion dollars of child support owed to custodial parents in the United States.  Only 62.3% of that amount owed was actually paid, which leaves about 14.3 billion dollars of unpaid child support.  That’s a ton of money!  Now these…