Criminal Law

Key Takeaways Indiana residents are not legally required to open the door or speak to police without a warrant. Police may knock on your door without a warrant under the knock-and-talk doctrine. A valid warrant must be signed by a judge and describe the place to be searched. Exigent circumstances, consent, and hot pursuit allow warrantless entry in limited situations. Remaining calm, silent, and requesting an attorney protects your rights during a police encounter. A…

Voluntary departure is a form of relief available in immigration proceedings that allows certain noncitizens to leave the United States on their own accord within a specified period of time, rather than being formally removed (deported) by the government. While it may appear straightforward, voluntary departure carries significant legal and practical consequences that should be carefully considered. What Is Voluntary Departure? Voluntary departure is a discretionary form of relief authorized under the Immigration and Nationality…

Key Takeaways Spitting on another person qualifies as battery under Indiana law, not merely a social offense. Indiana Code 35-42-2-1 classifies spitting on someone as a Class B misdemeanor at minimum. Charges escalate to a felony when a serious or communicable disease is involved. A conviction carries fines, jail time, and long-term consequences for employment and housing. Early legal intervention shapes how prosecutors evaluate and resolve battery charges. Spitting on another person is not just…

If you or a loved one have been arrested or charged with a crime, you are probably wondering, how do I even go about hiring an attorney for this?  This is particularly true if this is your first time in the criminal justice system.  Thankfully, the process is not as hard as it seems!  Here, we have a step-by-step process to simplify it for you. Step 1: Start Reaching Out to Attorneys The first thing…

Many young people have roommates, and some of those roommates may use, deal, or otherwise possess illegal drugs. Some may wonder if they can get in trouble for drugs their roommate has in their possession. You can’t always control what a roommate does! Others aren’t necessarily in a financial position to be picky about who they live with. Well just because your roommate has or uses drugs, does not necessarily mean you can get in…

Getting an expungement can be one of the greatest life-changing events for someone with a criminal history. Why? Because it often takes an eraser to your criminal past – allowing people to start anew and with a fresh perspective on life. We at Banks & Brower, LLC, as experienced expungement attorneys, love helping people through this process. It is incredibly rewarding to watch the positive effect an expungement can have. Sadly, the legislature has made…

When an individual is charged with a crime in the State of Indiana, his or her case is traditionally placed in the “adversarial” court system, where the State seeks to prove guilt and the Court oversees a sentence, if the State is successful. The adversarial system often includes contested hearings, discovery of evidence, and perhaps even a trial to resolve the case. However, these adversarial courts are not the only types of court in which…

  In Indiana, individuals are able to request civil protection orders against another individual if necessary, for certain purposes.  Indiana law allows a civil protection order to be put in place against another individual if certain thresholds are met.  Incidents involving unwanted physical contact, including cases where someone gets arrested for spitting, can serve as grounds for filing a protection order under Indiana law. When a confrontation occurs at home, answering the door for police…