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Prosecutor Discretion in Indiana

Posted in On February 15, 2023

In Indiana, “a prosecutor has the responsibility of a minister of justice and not simply that of an advocate.” Ind. R. Prof’l. Cond. 3.8 Comment 1. This means that a prosecutor’s primary responsibility is not to prosecute cases and obtain convictions, but rather to seek justice. Frequently, this does require prosecuting criminal cases and obtaining convictions. However, this does seem to give a prosecutor some wiggle-room to decide to not prosecute a criminal case because…

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What Rights Do I Have as a Passenger During a Traffic Stop?

The Fourth Amendment to the United States Constitution states that every citizen shall enjoy the right “to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” While this right applies to passengers and drivers during a traffic stop, you have slightly different rights and responsibilities as a passenger. While the police have the authority to ask for the driver’s identification during a traffic stop, they don’t have that same authority…

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What Happens if You’re Subpoenaed for a Deposition?

Being subpoenaed for a deposition can be a nerve-wracking experience that you may be called in for if you are a victim of a crime, witness to a crime, or if you (or a loved one) is somehow involved in a criminal case. This can be stressful but there are a few things to keep in mind that will not only make it an easier experience for you, but also keep yourself protected as well….

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When do the Police Need a Warrant?

The Fourth Amendment to the United States Constitution appears to require law enforcement to obtain a warrant before searching your person or property. Of course, countless exceptions have been carved out of that requirement, and they can vary based on the specifics of a certain situation. If police searched your person or property without a warrant, you will want to contact an attorney at Banks and Brower to review your case and see if there’s…

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Custody: How Does a Court Decide

In Indiana, when parents are in a custody dispute, the Court has to make a decision that will impact their children and each of the parents’ relationship with their children.  Specifically, the Court will issue an order that will cover the custody of the children.  That order will include a ruling as it relates to legal custody and physical custody. When the Court talks about legal custody, the Court is talking about decision making on…

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Expungements – A New Year’s Resolution You Won’t Fail

Many people spend the New Year’s holiday re-evaluating their lives. Questioning their life choices, diet, exercise routine, (marriages?) and everything else under the sun. They establish lofty goals that last a week and then sadly fizzle. According to DiscoverHappyHabits.com, after 1 week, 75% of people are still keeping up with their resolution — that means in only 7 days, ¼ of all people have failed. After two weeks, alas, 71%. After 1 month, 64%, and…

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Distinguishing Between OVWI Charges

Although DUIs (or OVWIs in Indiana) are unfortunately all too common, there are several charges that can be brought based on the circumstances, and the charges can range from simple misdemeanors to complex felonies. Below is a breakdown of each Operating a Vehicle While Intoxicated (“OVWI”) charge from least to most serious. OVWI – Base Level Charge Operating a vehicle with a BAC of 0.08 to 0.14 or under the influence of drugs so there…

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Making Sense of Russell v. State and its Impact on Home Detention Sentences

A sentence for a criminal offense can be either executed or suspended.  When a sentence is suspended, some or part of the sentence is typically served on probation, but the defendant is otherwise free to travel within the state.  Crimes that are eligible to be suspended at sentencing are often referred to as “suspendible” offenses.  If a defendant is convicted of a crime that is not eligible to be suspended at sentencing, the crime is…

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