Author Archives: Jay Butchko
Does The State Need More Than A Defendant’s Confession To Secure A Conviction?
There is a reason that you should never speak with the police if you are a criminal suspect: Anything you say can and will be used against you in court. At the same time, an out-of-court confession is not enough to sustain a criminal conviction. Indiana law requires what is known as “proof of… Read More »
What Are Your Rights When The Police Ask To Search Your Home?
The Fourth Amendment to the United States Constitution protects all citizens from unreasonable searches of their homes by the police. In simple terms, this means that the police must normally obtain a search warrant or a suspect’s consent before performing a search of their residential property. If the police arrive at your home with… Read More »
Can You See Your Police Report In A Drunk Driving Case?
Operating a vehicle while intoxicated (OWI) is normally a Class C misdemeanor in Indiana. But the charge can be bumped up to a Class A misdemeanor if the prosecution can show that the intoxicated driver acted “in a manner that endangered” another person. The difference between a Class A and Class C conviction is… Read More »
What Is Considered “Aggravated Battery” In Indiana?
Simple “battery” in Indiana is to touch another person in a rude, insolent, or angry manner or in a rude, insolent, or angry manner place bodily fluid or waste on another person. This is a class B misdemeanor, but there are a number of factors that can elevate the level of offense. Factors increasing… Read More »
Do You Have The Right To A Jury Trial In A Civil Asset Forfeiture Case?
Most everyone will agree, “Crime shouldn’t pay.” Civil Asset Forfeiture laws are purported to do just that, remove the profit from criminal activity. Unfortunately, widespread abuse of civil asset forfeiture laws by law enforcement has led seizures far beyond the profits of crime. Civil asset forfeiture makes it possible to seize property based on… Read More »
A Word About “Assault” (Also known As Battery)
Many folks uneducated in Indiana law like to use the word “assault” to describe a crime. The truth is, there is no crime in Indiana called Assault. There is a crime called “Battery” and when most people are talking or writing about assault, this is what they really mean. Like many other criminal convictions,… Read More »
Plea Bargain Options In Marion County
In ye olden days, before 1900, criminal plea bargains were almost unheard of. As the country grew, the criminal justice system couldn’t keep up. So, plea bargains were a good way to avoid long delays awaiting trial. As recently as the 1980s, trials still resolved about a fifth of state felony cases. Today, that… Read More »
Jail Release Options In Marion County
According to a recent report, over 60 percent of Marion County Jail inmates are unsentenced. The vast majority of these individuals are simply unable to make bail. Pretrial incarceration has personal, emotional, and legal consequences. People behind bars obviously cannot work to support their families or spend time with friends and loved ones. Additionally,… Read More »
Controversy Continues Over Civil Forfeiture In Vanderburgh County
Since 2013, a local law firm has handled most of the county’s forfeiture matters and collected nearly $500,000 in legal fees. Indiana is the only state in the Union that allows non-government lawyers to handle government forfeiture matters. If elected, Democrat Jon Schaefer pledged to end the practice. “The idea that we’re giving 25… Read More »
Seven Ways To Lose Your Driver’s License In Indianapolis
In 2021, the most commonly charged offense in Marion County was driving on a suspended license. That’s probably because Indiana lawmakers allow bureaucrats to suspend drivers’ licenses, often indefinitely, for many reasons, some of which are unrelated to driving safety. There’s a chance an Indianapolis license rehabilitation lawyer can beat these charges in court…. Read More »