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Sentence modifications exist to reward good behavior for those serving sentences.  As a practical matter, sentence modifications allow offenders to have a second chance in a less restrictive environment.  However, modifications for offenders serving sentences for violent offenses have been extremely difficult to come by.  IC 35-38-1-17 governs sentence modifications in Indiana.  The statute defines “violent criminals” as any person that is convicted of murder, attempted murder, voluntary manslaughter, involuntary manslaughter, reckless homicide, aggravated battery,…

Have you, or someone you know, been convicted of a crime? If so, you may be eligible for an expungement off your records.  Please refer to the Banks & Brower Expungement Guide to see if you qualify.

Many times, when people call around looking for lawyers, they are also looking at the cost of each one when doing comparisons. While pricing is certainly a factor when deciding to hire an attorney, it shouldn’t be the only one or the most important factor if you can afford to hire someone with more experience. Hiring a lawyer is typically not something you want to skimp on or go cheap. The old expression that “you…

The Garrity rights/protection stems from the SCOTUS case Garrity v. New Jersey. The Garrity rights are protections only afforded to public employees. This includes federal government employees, state government employees, local government employees, and any other government agency employee. These rights are not extended to private sector employees. The Fourteenth Amendment is what extended this right from just federal employees to all other government employees. The main reason why the Garrity rights only apply to…

The Family and Medical Leave Act (“FMLA”) is a federal statute that provides eligible employees of covered employers with unpaid, job-protected leave for specified family and medical reasons for up to twelve workweeks of leave in a 12-month period. Any public agency, including a local, state, or Federal government agency, regardless of the number of employees it employs is determined to be a “covered employer” under the FMLA. Therefore, all municipal units are considered to…

We find ourselves living in very unusual times.  Who would have thought that a mere 3 months ago we would be entering into a period of recession based on mandatory government shut down orders designed to protect us from a novel virus?  Certainly, wasn’t on our radar and probably wasn’t on many other’s radar either.  However, as the Governor’s stay at home order has continued, there are those that are starting to question his authority…

Certain states allow the debtor to choose between their specific state exemptions and the federal bankruptcy exemptions, but Indiana is not one of those states. In Indiana a debtor must use the Indiana state bankruptcy exemptions. However, in Indiana, married couples who are filing together in joint bankruptcy are permitted to double the state exemption amounts. Two common questions/concerns for individuals who are contemplating filing for bankruptcy are: will I lose my home and will…

As we’ve discussed in previous blogs, the current environment we are living in with COVID-19 and individuals who find themselves in custody (be in following an arrest, during the pretrial pendency of a Federal or State matter, sentenced to a term in county jail, the Indiana Department of Corrections, or the Federal Bureau of Prisons) is one where the heightened level of fear for infection is extremely real.  The numbers of people currently infected with…