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Financial Crime Involving Care of an Elder

Posted in On October 24, 2024 By Joe Wyckoff

In Indiana, there is a crime called “Financial Exploitation of Endangered Adult”. It is codified under Indiana Code 35-46-1-12. The most common situation is when someone is taking care of an elderly parent. Sadly, sometimes as a parent ages, they can lose the ability to control their own finances and decision-making. This is especially true in cases of Alzheimer’s and Dementia. A common remedy is that the elderly person can appoint one of their children…

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What is an Interlocutory Appeal in a Criminal Case?

Posted in On October 10, 2024 By Bill Frederick

When people think of an appeal in a criminal case, typically they are thinking of an appeal of the final judgement, or outcome.  An interlocutory appeal, however, occurs while the case is pending.  An interlocutory appeal targets a ruling of the trial court judge before the case goes to trial.  Indiana Rule of Appellate Procedure 14 lays out the framework for when interlocutory appeals are appropriate. Indiana Rule of Appellate Procedure 14 spells out two…

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Should I Give a Statement to the Police if I’m Under Investigation?

Posted in On October 2, 2024 By Brad Banks

Perhaps you have received a call from a police officer or a detective asking you to come into the department to give a statement.  Another possibility is that a police officer or detective shows up to your home and asks you to answer some questions.  It could even be possible that law enforcement reaches out to you over the phone.  In all of these situations you may ask if you should cooperate and answer the…

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What Information Do Police Need to Obtain a Search Warrant?

Posted in On September 19, 2024 By Bill Frederick

The Fourth Amendment of the United States Constitution protects citizens from unreasonable searches, stating: “The right of the people to be secure in their person, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath and affirmation, and particularly describing the place to be searched, and persons or things to be seized.”  U.S. CONST.AMEND. IV. Therefore, if police wish to…

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The Use of Flock Cameras to Automatically Run License Plates in Indiana

Did you know that there are cameras installed throughout Indiana that are constantly taking photos of your car as it passes and the likes of hundreds and thousands of other cars’ license plates every few seconds? Did you also know this information is stored automatically in databases maintained by both private and public entities? Most people aren’t aware of that, and not surprisingly so. That’s because Indiana has very quietly joined the growing mass of…

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Dealing Marijuana in Indiana

Posted in On August 22, 2024 By Brad Banks

More and more states are legalizing the purchasing and selling of marijuana.  All across the country retail stores have popped up creating a huge legal industry selling pot in all types of strains and forms.  However, in Indiana dealing and possession of marijuana remain illegal. In today’s blog we look at the crime of Dealing in Marijuana in Indiana.  Indiana Code that addresses with Dealing in Marijuana is I.C. 35-48-4-10.  Indiana first defines what dealing…

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How does a police officer in Indiana get a search warrant?

Posted in On August 15, 2024 By Brad Banks

Many people are familiar with the term search warrant, but fewer know what it takes for a police officer to get one or how one is obtained.  This blog will take a look at the process of and requirements for obtaining a search warrant, as this often-used tool to gather evidence can be very important in a criminal case – both for the police, and for a defendant and his or her attorney.  Indiana statute…

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What Constitutes the Different Types of Battery?

Posted in On August 8, 2024 By Joe Wyckoff

In general, battery is when you touch another person in a rude, insolent, or angry matter. Even the most minimal touching of another person can be a battery depending on the context. The most basic example of battery could be if you are waiting in line for something, and someone cuts you, so you push them out of the line. Even if that’s all that happens, you could be charged with battery. This is a…

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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.