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…
Understanding How Emancipation Works in Child Support Matters One of the most common calls we receive on family law related matters is in regards to what happens during an emancipation of a child for child support purposes. While most parents feel an obligation to pay child support for as long as they must by law, many also realize that many courts fail to cease income withholdings or child support payments at the exact moment they…
How is Child Support Calculated in Indiana? – Have you ever wondered how child support is calculated? The Indiana Supreme Court has adopted the Indiana Child Support Guidelines which lays out the standards for calculating child support and coincides with the Indiana Code. Under I.C. 31-16-6-1, a court can order either parent, or both parents, to pay any amount reasonable for support of a child. Here’s a look at the factors a court may consider…
One of the most common arrests made in Indiana and throughout the country is for driving under the influence. It can be committed by any driver of any type of vehicle who has had too much to drink or taken medications that have caused them to be impaired. As it is such a common criminal charge, there are frequent questions and misconceptions when it comes to DUI cases. This weeks blog takes a look at…
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:…
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.