Author Archives: Jay Butchko
Felony Charges and Prescription Drugs
If you have been accused of possession, manufacturing, distributing, or trafficking prescription drugs, it is critical to understand that these are extremely serious charges. Indeed, even for certain possession offenses, you may be facing felony charges, and more severe offenses involving the manufacture and distribution of prescription drugs will almost always be charged as… Read More »
Can Someone Else Consent to a Search of My Property?
Was your vehicle or your apartment recently searched by police or other law enforcement officials after another party gave consent? If you did not give consent to a search and the police who conducted the search did not have a warrant or probable cause, the search may have been unlawful and in violation of… Read More »
What to Expect at a Parole Board Hearing
When a person is sentenced to a term of imprisonment in Indiana, they may be eligible for release on parole under Indiana law. According to IC 11-13-3-2, the rules for parole and discharge eligibility depend on whether a person was sentenced following a conviction for a felony offense or misdemeanor, and if a felony,… Read More »
Factors to Consider: Taking a Plea or Going to Trial
Plea agreements in Indianapolis are governed by IC 35-35-3. Under this section of the law, a plea agreement “means an agreement between a prosecuting attorney and a defendant concerning the disposition of a felony or misdemeanor charge.” More simply, a plea agreement involves the defendant agreeing to plead guilty to a criminal offense, which… Read More »
What is Constructive Possession in Indiana?
Drug possession charges in Indianapolis can range from misdemeanor charges to serious felony charges. The severity of possession charges a person faces will depend on the type and amount of the substance, the person’s criminal record (including past convictions), and any other aggravating or enhancing factors that could result in steeper charges and accompanying… Read More »
Is There a Difference Between OWI and DUI in Indiana?
When you are stopped on suspicion of intoxicated driving or you go through a DUI checkpoint, you might ultimately be asked to take a field sobriety test or to agree to a breathalyzer test. Whether you have a blood alcohol concentration (BAC) of 0.08 percent or higher, or you exhibit other signs that result… Read More »
You Can Fight Civil Forfeiture of Your Vehicle
You may be surprised and stunned if your vehicle was recently seized under Indiana’s civil forfeiture law. Civil forfeiture can occur under IC 34-24-1-3, and it can include the seizure of a vehicle. For an Indianapolis resident who relies on their motor vehicle to get to and from work, as well as for all… Read More »
What You Should Know About Searches With and Without Warrants
The Fourth Amendment of the US Constitution prohibits warrantless searches, in general, unless law enforcement officers have probable cause or an exception applies. In short, there is a presumption under the Fourth Amendment that the police or other law enforcement agencies must have a valid warrant in order to conduct a search. However, there… Read More »
Flawed Search Warrant Affidavits and Your Defense
Were you recently presented with a search warrant by law enforcement officers that resulted in your property being searched and criminal charges being filed based on what was found and seized in that search? As part of your defense strategy, it will be extremely important to work with a criminal defense attorney in Indianapolis… Read More »
Appealing a Lifetime License Suspension
For most residents of the Indianapolis area, having a valid driver’s license is a necessity. You need your driver’s license to travel to and from your job, as well as to run every day errands and to ensure that your kids can reach extracurricular destinations. Yet your driving privileges can be at risk in… Read More »