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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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The Victim Didn’t Want to Press Charges, So Why am I Charged?

Almost every single day our office receives calls from people charged with crimes involving victims on the other side. Just as often, the accused will say to us, “the victim doesn’t want me charged, but I got arrested and charged anyways, why?” Or, “the victim asked the prosecutor to dismiss the charges, but the prosecutor won’t, why?” The simple and straightforward answer is one that people don’t want to hear and often don’t understand. If…

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Should I Hire an Expert Witness for my Criminal Case?

Should I Hire an Expert Witness for my Criminal Case? The most common form of evidence in criminal trials is lay witness testimony.  Typically, the state will call witnesses to the stand that personally observed an alleged crime.  Prosecutors will ask the witness what the witness observed, heard, or perceived.  The factfinder (judge or jury) will then place whatever weight they deem appropriate on the witness testimony in conjunction with the other evidence presented at…

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Pending Federal Legislation: Justice Safety Valve Act

Past blogs have referenced the differences between State and Federal court but perhaps the biggest difference is the mandatory minimum sentences for certain criminal offenses.  These statutory requirements mean that an individual will serve at least the minimum required time, regardless of what their guideline range may be in the Federal system.  For example, an individual could commit a criminal offense that requires a minimum of 5 years in the Federal Bureau of Prisons and…

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Indiana Licensure Process on Carrying a Handgun–What You Need to Know

Purchasing and possessing a firearm in Indiana is a legal process that requires one to know the licensure process and the appeals process should one’s permit application be denied. Indiana is a “shall issue” state (Ind. Code 35-47-2-3), which means that the Indiana State Police shall issue a concealed carry permit to one who meets the following criteria: The person has a proper reason for carrying a handgun; See Code 35-47-1-8 and Schubert v. DeBard,…

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DUI Refusal Suspensions F.A.Q.

Posted in On September 3, 2017

The Most F.A.Q. Regarding DUI Refusal Suspensions: Most people have heard by now that refusing to take a chemical test in Indiana as part of any DUI can lead to serious consequences. Some have heard that while it may result in serious consequences, you may be lucky and the officer will be too lazy to bring you in for a blood draw, and thus you avoid a DUI arrest. Regardless, the idea that you can…

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Immigration Consequences in Criminal Plea Agreements in Indiana

Posted in On July 2, 2017

Are you living in the United States as an immigrant or noncitizen status? If you find yourself in legal trouble you could be facing more than just conviction as a consequence with deportation looming over your head. In a recent Supreme Court decision, Lee v. United States, 582 U.S. (2017), the Court reversed a criminal conviction by a noncitizen after he was given erroneous advice by his counsel, leading to his mandatory deportation. This is…

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PSI – Pre-Sentence Investigation in Indiana

There is a gamut of procedures that the courts must follow that encompasses criminal law. First, it is reported that someone has allegedly committed a crime. Second, there must be probable cause to try that individual for that specific crime, and in the justice system, everyone is innocent until proven guilty. Third, the defendant has a choice to enter a plea agreement or proceed forward with a bench trial or a jury trial. If the…

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