Author Archives: Jay Butchko
What Are Enhancing Circumstances in Drug Crimes?
If you are facing charges for a drug crime in the Indianapolis area, you could be facing a more serious offense than the Indiana Code initially sets forth if there are “enhancing circumstances” in your case. In other words, what you believe should be a Class B misdemeanor could actually be charged as a… Read More »
Understanding Charging Levels for OWIs in Indiana
When a person is charged with operating a vehicle while intoxicated (OWI) in Indiana, they can face charges that range from a Class C misdemeanor up to a serious felony offense. The way in which OWI cases are charged depends on the individual facts of the case, including the details surrounding the motorist’s intoxication,… Read More »
What is an Ignition Interlock Device?
After a person is convicted of operating a vehicle while intoxicated (OWI) in Indiana, they may be required to install an ignition interlock device in their vehicle in order to be permitted to operate the vehicle — either as a result of special driving privileges or after the jail portion of a sentence has… Read More »
What Are 4th Amendment Protections?
There is a significant amount of discussion concerning “Fourth Amendment rights” in relation to the rights of individuals who have been arrested for or are facing criminal charges, as well as for individuals who experience stops and searches, whether they are in motor vehicles or walking on foot. Understanding your rights under the Fourth… Read More »
Undercover Detectives and Entrapment in Drug Crimes: What to Know
Can an undercover detective actually make a lawful arrest, or do these arrests always involve entrapment? There are many myths and misconceptions about the affirmative defense of entrapment and how it actually works, especially when undercover detectives or other undercover members of law enforcement are involved. In short, an arrest involving an undercover detective… Read More »
What is an Affirmative Defense?
When a person is facing criminal charges of any type in Indiana, they will need to consider the most relevant defense strategy based on the facts of their case. At a very basic level, there are types of defenses where the person facing charges will argue that they did not commit the offense of… Read More »
What is Hearsay Evidence?
Anyone who is being prosecuted for a criminal offense in Indiana should learn more about hearsay evidence and when it can and cannot be used against them in the prosecution’s case. There are many misconceptions about hearsay evidence, and the term is often used in a colloquial sense. For example, when a person refers… Read More »
Should I Agree to Talk to the Police?
You should never agree to talk to the police before seeking advice from a lawyer. Many people who are stopped by law enforcement officials, or arrested on suspicion of committing a criminal offense, are questioned by law enforcement and urged to speak. These circumstances can be anxiety-inducing and confusing for many people, especially if… Read More »
Can I File an Appeal After Accepting a Plea Agreement?
Plea agreements in Indianapolis criminal cases are often beneficial and welcome for defendants when the agreement will result in a lesser sentence and, in many cases, a less serious offense on their criminal record. In general, it is never advisable to accept a plea agreement without assistance from an Indiana criminal defense lawyer who… Read More »
Part II: Exceptions to the Hearsay Rule
Our Indianapolis criminal defense lawyers routinely defend Indiana residents facing a range of criminal charges where the Rule Against Hearsay plays a rule at trial. It is important to learn more about the Rule Against Hearsay in the state, as well as the Exceptions to the Rule Against Hearsay under Rule 803 of the… Read More »