Author Archives: Jay Butchko
What Counts as a Sex Crime in Indiana?
You may know that if you are facing charges for a sex offense in Indiana, particularly a sex offense involving a juvenile victim, the consequences in the event of a conviction will be very serious. Not only will you likely be sentenced to a term of incarceration, but a conviction may also involve required… Read More »
Can I Modify the Type of Probation I Am On?
Anyone in Indiana who has been convicted of a criminal offense and sentenced to a term of probation, or has received probation in connection with a suspended sentence, will have probation terms that they must abide by. In most cases, the type of probation you are on will involve regular check-ins with a probation… Read More »
What is a Sex Offender Unmanned Aerial Vehicle Offense?
The Indiana Code contains a range of specific sex crimes, as well as conditions of probation and parole associated with a sex crime conviction. In many instances, a person who has been convicted of a sex crime is required to register as a sex offender and can be subject to additional restrictions under Indiana… Read More »
Do I Have to Inform My Neighbors About a Sex Crime Conviction Involving a Juvenile?
Whether you are currently facing sex crime charges for an offense involving a juvenile victim, or you are currently on probation or parole in connection with this type of conviction, you may have questions about reporting requirements. Many people want to know if they must inform their neighbors, or their co-workers, for example, of… Read More »
What Are My Rights If the Police Ask to Conduct a Search?
If you are stopped by the police in a traffic stop, or if you are stopped while walking or approached at the door of your home, the police might ask if they can search your property. For example, in a routine traffic stop for something like speeding or a broken taillight, the law enforcement… Read More »
What is an Excited Utterance?
Generally speaking, any statements that meet the definition of “hearsay” cannot be used against a person who is facing criminal charges. However, there are a wide range of exceptions to Indiana’s rule against hearsay. And even before we get to the exceptions to the rule against hearsay, the definition of hearsay itself is complex… Read More »
What is a Pretextual Stop and What Are Your Rights in this Situation?
Were you recently pulled over by a law enforcement official because of a very minor traffic violation such as a burned-out taillight, only to have the traffic stop result in your arrest for drug possession or another misdemeanor or felony offense? Or, for example, were you traveling at a speed that was only slightly… Read More »
What is the Fourth Amendment Automobile Exception?
If you are stopped while you are driving by a law enforcement officer, is that officer allowed to conduct a search of your vehicle? Generally speaking, the Fourth Amendment of the US Constitution requires the police or any other law enforcement party to obtain a valid search warrant, based on having probable cause, in… Read More »
Can Police Require Me to Wait for a Drug-Sniffing Dog During a Traffic Stop?
If you are stopped in your vehicle by the police or another law enforcement agency in the Indianapolis area, it might feel like you are stopped on the shoulder of a road or highway for a lengthy period of time. The police can keep you stopped lawfully while they run the information contained on… Read More »
Reasonable Suspicion for a Stop Can Arise from a Mistaken Understanding of the Law
The police cannot pull you over in a traffic stop if they do not have reasonable suspicion that you broke the law. To be clear, the Fourth Amendment of the US Constitution gives you the right against unreasonable search and seizure, and the US Supreme Court has determined that, in order for a warrantless… Read More »