Author Archives: Jay Butchko
What is an OWI with Endangerment?
If you are charged with operating a vehicle while impaired (OWI) in Indiana — you will likely be facing a Class C misdemeanor under IC 9-30-5. The charges can be more serious where certain aggravating factors are present or for subsequent offenses, or for an arrest after multiple convictions, you could be facing felony… Read More »
Am I Eligible for Specialized Driving Privileges After an OWI?
Were you recently arrested for operating a vehicle while intoxicated (OWI) in the Indianapolis area? If so, you are most likely facing a suspension of your driving privileges. The length of a driver’s license suspension in connection with an OWI will depend on the facts of the case, including whether it is a first… Read More »
What Are OWI Enhancing Circumstances?
When a person is charged with operating a vehicle while intoxicated (OWI) in Indiana (essentially the same as a DUI, or driving under the influence, in other states), the lowest possible offense is a Class C misdemeanor. Conviction for a Class C misdemeanor can result in a sentence of up to 60 days in… Read More »
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 »