Author Archives: Jay Butchko
When Can Police Conduct A “Stop And Frisk” In Indiana?
The Fourth Amendment protects individuals from unreasonable searches and seizures by the government. But there are a number of judicially created exceptions to this rule. One is for so-called Terry stops, named after a 1968 United States Supreme Court decision. A Terry stop is basically where the police briefly detain a person based on… Read More »
Is The County Prosecutor Required To Consent To Expungement Of Your Criminal Record?
Since 2013, Indiana law has made it possible for people convicted of certain crimes to expunge their records. Expungement is not automatic. In the case of felony convictions, a person must wait either 8 or 10 years before filing a petition with the court requesting an expungement. During that waiting period, the petitioner must… Read More »
Does The State Need Direct Evidence To Prove Guilt “Beyond A Reasonable Doubt”?
The standard for convicting a person of a criminal offense in Indiana is “beyond a reasonable doubt.” Many people ask what this means in practice. Does the prosecution have to produce an eyewitness who saw the defendant commit a crime? Or can you convict based purely on circumstantial evidence? Indiana Supreme Court Reinstates Convictions… Read More »
What Is The Difference Between A “Concurrent” And “Consecutive” Criminal Sentence In Indiana?
In many criminal cases the defendant is not charged with a single offense. A single “criminal episode” can lead to multiple charges. For example, a person might be charged with both a drug and a weapons offense arising from the same traffic stop. Each offense subsequently carries its own potential criminal penalty in terms… Read More »
Can An Indiana Judge Reject A Plea Agreement?
Most criminal cases never make it to a jury trial. Instead, it is common for the prosecution and the defendant to enter into a plea bargain or plea agreement of some kind. For example, the prosecution might agree to reduce a felony charge to a misdemeanor in exchange for a guilty plea. Both sides… Read More »
How Drug Dealing Can Lead To 40 Years In Prison In Indiana
Thousands of people are charged with possessing and dealing controlled substances–i.e., illegal drugs–each year. Many of these cases are quickly elevated to felony charges based on special circumstances. For example, under Indiana law if a person distributes cocaine, methamphetamine, or a similar controlled substance that results in someone’s death, that dealer can be charged… Read More »
What Are The Charges For Marijuana Crimes In Indiana?
Right now, marijuana is legal in 37 states. Indiana is not one of those states. Growing, possessing, and selling marijuana in Indiana is still illegal and regularly prosecuted. The Legality Of Marijuana In Indiana Marijuana is illegal in Indiana and, as such, the basic Possession of Marijuana is a Class B misdemeanor. If “dealing”… Read More »
Charges For Theft, Burglary, And Robbery In Indiana
Within the State of Indiana, theft, burglary, and robbery are considered different crimes. Each one of these crimes is defined differently and comes with its own unique charges. What Is Theft? Theft is defined as “knowingly or intentionally exerting unauthorized control over property of another person, with intent to deprive the other person of… Read More »
When Is Expungement Possible?
Everyone makes mistakes. But, when these mistakes are illegal, the record of them occurring can end up on a criminal record and affect that individual’s life. Fortunately, though, many who live in Indiana and possess a criminal record are eligible for something called “expungement.” Expungements in Indian will either seal the record from public… Read More »
What Are Your Obligations & Rights During A Traffic Stop?
No matter the suspected offense, every driver has a specific set of rights that they can, and should, exercise during a traffic stop. Every police officer has a specific set of rules and regulations that they must follow. An improper traffic stop is unconstitutional and a violation of the driver’s rights. As a result… Read More »