Author Archives: Jay Butchko
Is My Family Member Eligible for Clemency?
Was your spouse, parent, child, or another family member convicted of a criminal offense that has resulted in a lengthy prison sentence? If so, and if your family member or loved one has already served a substantial amount of time on their sentence, they may be able to apply for clemency. If you are… Read More »
What Happens After an OWI Arrest?
If you are arrested for operating a vehicle while intoxicated (OWI) under IC 9-30-5, what should you expect to happen during and after the arrest? For many people who are charged with an OWI in Indiana, it is their first offense involving any kind of intoxicated driving, and it is also their first experience… Read More »
What is the Waiting Period for a Felony Expungement?
If you were arrested for a felony offense in the Indianapolis area, or if you were convicted of a felony offense, having a criminal record with a felony on it can have wide-ranging effects even after any terms of a sentence have been served. To be sure, even having a felony arrest on your… Read More »
What Are Sentencing Guidelines in Indiana?
Whether you are facing misdemeanor or felony charges if you are found guilty and convicted, the conviction will result in a criminal sentence. When a judge sentences a person who has been convicted of a criminal offense in Indiana, the judge will need to apply statutory sentencing ranges. These sentencing ranges listed in the… Read More »
Is Criminal Deviate Conduct a Sex Crime in Indiana?
Indiana law recognizes a wide range of criminal offenses that fall under the broader category of sex crimes. Specifically, IC 35-42-4 includes specific sex crime offenses involving juvenile and adult victims, and particular offenses involving a sex crime committed by a person in a particular profession or role with regard to the victim. This… Read More »
Is Self-Defense a Valid Defense to an Assault Charge?
When you are facing charges related to a criminal offense involving a threat or act of violence against another person, it is critical to seek legal advice about building a strong defense. Whether you are facing misdemeanor or felony charges for an assault-related offense such as intimidation or battery, you should discuss the details… Read More »
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 »