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Can an Out of State Conviction be Used to Enhance a Domestic Battery Charge in Indiana?

There are several different types of criminal offenses that can be enhanced if an individual is charged with a subsequent similar case.  For example, if someone is accused of shoplifting, and the total value of the items are less than $750, the person will be charged with theft, a class A misdemeanor.  If the individual is convicted, and is later charged with another shoplifting offense, the new charge will be enhanced to a level 6…

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Difference Between a No Contact Order & a Protective Order

Protective Orders and No Contact Orders have certain similarities, but they are not the same. There are several significant distinctions between the two, including variations in the procedures for obtaining orders, the periods of time during which they provide protection, the restrictions they impose, and the procedures for removing them. What is a No Contact Order? (Indiana Code 35-33-8-3.6) No Contact Orders are issued by a judge through criminal cases. For instance, when there is…

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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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How to Obtain Specialized Driving Privileges After Refusing a Chemical Test

Under Indiana law, a court may grant certain persons convicted or accused of motor vehicle related crime, such as DUI/OVWI, a legal remedy called “Specialized Driving Privileges.” These privileges permit a person, whose license has been suspended, the ability drive for specific purposes (work, school, childcare, medical appointments, etc.) upon a showing of necessity (financial need, health & safety, etc.). Historically, these privileges are not available to certain people if they: Have never been an…

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Top 10 Questions to Ask When Hiring a Criminal Defense Attorney

You have been charged with a crime.  It is probably one of the most stressful times you have ever had in your life.  You may have just spent a miserable night or two in jail and are completely exhausted.  However, now you have a very important decision to make.  Who should I hire as my criminal defense attorney?  In this blog we will list 10 questions you should ask when talking to a potential attorney…

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Community Corrections Violations and Credit Time

Can Community Corrections Take Away Credit Time on Violations? Recently in Richard Shepard v. State of Indiana, under case number 84S01-1704-CR-00190, the Indiana Supreme Court ruled that the director a Community Corrections program lacked the authority to deprive a defendant’s good time credit. In 2013, Shepard pleaded guilty to dealing in cocaine as a class B felony and, in exchange, received an 11-year sentence in the DOC with 900 days total credit, including 450 days…

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Problem Solving Courts in Indiana

Certain counties around the state have put extensive time and resources into developing problem solving courts to help come up with creative solutions to criminal issues in our society. These courts are built around rehabilitation rather than punitive punishment to help give a different approach to certain types of crimes and situations such as drug, mental health, and veteran type issues. Although most of these programs have strict rules on eligibility, if you can get…

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Can a Victim Drop Criminal Charges Against a Defendant?

Surprisingly, one of the most common phone calls we receive as defense attorneys at Banks & Brower is that of a victim wanting to drop charges against a defendant and/or looking to hire us to help the defendant. And, even more unsurprisingly, as former prosecutors, these calls made up probably 50% of the calls we received when we worked for the state of Indiana. Why are they so common? The answer probably lies in the…

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