Author Archives: Jay Butchko
Does A Homeowner’s “Consent” To A Police Search Extend To Their Guests’ Belongings?
As a general rule of law, the police cannot search your home without either your consent or a search warrant. But even if the owner consents to a search, how far does that extend? For example, can the police search someone else’s purse or backpack when it happens to be in the owner’s house?… Read More »
Kassi Rigney Quoted in Indy Star Article
Attorney Kassi Rigney was quoted in this Indy Star article. Meth, guns, cellphones: ‘Defective’ warrant jeopardizes evidence in triple killing When Indianapolis police found the bodies of three young people in a field on the city’s south side in October 2021, they used witness interviews and phone records to establish Caden Smith as a… Read More »
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 »