Author Archives: Jay Butchko
When is Consent to a Search Coerced?
Under the Fourth Amendment of the US Constitution, a warrantless search of your person or your property is only lawful if the police have probable cause, or if a specific exception applies. One of those exceptions is consent. If you are asked whether your person or property can be searched and you agree (or… Read More »
What is the Difference Between OWI and Public Intoxication?
Consuming alcohol and getting behind the wheel of a car or another vehicle can result in serious charges for operating a vehicle while intoxicated, or OWI. Yet there are also other types of alcohol-related charges under the Indiana Code, and it is important to understand how OWI charges are different from other related offenses…. Read More »
How to Navigate a Field Sobriety Test Request During a Traffic Stop
When you are stopped by the police or other law enforcement officials and asked to take a field sobriety test, what should you do? In short, you are allowed to refuse to take a field sobriety test under Indiana law. Under IC 9-30-6, in making the decision to operate a motor vehicle, you have… Read More »
When Are OWI Chemical Test Results Disputable?
When you operate a motor vehicle in Indianapolis or elsewhere in Indiana, you give implied consent to a chemical test under IC 9-30-6-1 and IC 9-30-6-2 if a law enforcement official has probable cause to believe that you have committed the offense of impaired driving, known specifically as operating a vehicle while intoxicated (OWI)… Read More »
When is Assault Charged as a Felony?
Felony assault is a crime that can be charged in many different states, but when an offense like assault is charged in Indiana, it is typically charged as “intimidation,” and felony intimidation when the charge is elevated from a misdemeanor to a felony. To be clear, Indiana law does not have a specific offense… Read More »
Can My Domestic Violence Case Be Expunged?
Having a domestic violence arrest or conviction on your criminal record can have far-reaching consequences. Depending on the circumstances and details of the case, you may be limited from the types of jobs you can have. You also may not be able to possess a firearm. In some cases, your domestic violence record could… Read More »
What Are Indiana’s Confidential Informant Laws in Drug Cases?
Were you recently arrested for a drug offense in the Indianapolis area based on information that came from a confidential informant (or “CI,” for short)? Law enforcement officials frequently use confidential informants when they are investigating alleged drug crimes and seeking to make arrests. Yet it is important for you to know that there… Read More »
Should I Allow the Police to Search My Home or Car?
In general, the police or other law enforcement officers must have a valid warrant in order to conduct a search of your home, your property, or your person under the Fourth Amendment. There are exceptions, which means that some circumstances do arise in which law enforcement can legally conduct a warrantless search. Yet often,… Read More »
How Can I Erase My Drunk Driving Record?
Were you arrested for or convicted of operating a vehicle while intoxicated (OWI) in Indiana, and are you hoping to have this arrest or conviction removed from your record? There are many people who are in this position, especially when years have passed since an arrest or conviction and their criminal record is still… Read More »
Can I Change the Terms of My Sentence?
Were you recently convicted of a criminal offense that has come with a sentence of incarceration or probation, and you believe that there are reasons that your sentence should be modified or reduced? If so, it is important to know that it may be possible to modify your sentence, and that you do not… Read More »