Author Archives: Jay Butchko
When Can You Appeal A Conviction?
When a defendant goes to trial and receives a guilty conviction, they can appeal the conviction. However, this is not how it works when a defendant pleads guilty. As part of a guilty plea, you would waive your right to appeal the conviction. In some instances, you may have grounds to make a motion… Read More »
What Are The Benefits Of Expunging Criminal Records?
An expungement occurs when an arrest, dismissed charge, or conviction is sealed from public disclosure. In Indiana, both misdemeanors and felonies, with a few exceptions, can be expunged. One limitation, for example, is if you were convicted of a misdemeanor or felony sex or violent offense. A criminal record expungement can benefit you in… Read More »
Accused Of Battery In Indiana? Avoid These Costly Mistakes
According to Indiana law, battery occurs when someone angrily, rudely, or insolently touches another person. This is considered a Class B misdemeanor, but the crime can be elevated to a Class A misdemeanor or even a felony. If you’ve been accused of battery, it is crucial that you understand what you should do and… Read More »
What Are Your Rights When Accused Of A Crime?
When a person is suspected of a crime, it may seem like they have few rights. However, the truth is that the U.S. Constitution grants criminal suspects several specific rights. This is true regardless of whether the defendant is innocent or guilty of committing the crime. If you are being accused of committing a… Read More »
Are Plea Deals Negotiable?
Most criminal cases in the United States of America are decided by plea bargain. In a plea bargain, the prosecutor generally agrees to reduce a defendant’s punishment. This is usually accomplished by the prosecutor reducing the number or severity of charges. Also, a prosecutor may reduce a defendant’s punishment by agreeing to recommend a… Read More »
Defenses Against Battery Charges In Indiana
The crime of battery is one of the most common violent crimes in Indiana. However, many people don’t understand the complexities involved in the offense of battery. For instance, many people do not know the penalties associated with the crime of battery or whether a battery offense is a misdemeanor or felony offense. Also,… Read More »
When Are Warrantless Searches Legal In Indiana?
The United States’ and Indiana’s constitutions prohibit unreasonable searches and seizures. According to the law, police officers are required to obtain a search warrant before they can be allowed to conduct a search. However, there are many exceptions to this rule. There are instances when a police officer may be allowed to conduct a… Read More »
Marijuana Charges In Indiana
The majority of the states in the nation have legalized marijuana. However, in Indiana, marijuana is still illegal. Possession of marijuana in Indiana is a Class B misdemeanor. If convicted of this crime, you will be sentenced to between 0 and 180 days in a county jail and made to pay a fine of… Read More »
Hearsay In Indiana Criminal Cases: A Detailed Overview
If you are facing criminal charges in Indiana, it is vital that you understand the rules of evidence. Among the many complex rules of evidence you need to know about is the hearsay rule. In Indiana, hearsay is generally inadmissible in a trial, but there are many exceptions to the hearsay rule. Below, we… Read More »
When Should You Accept A Plea Bargain?
Approximately 90 to 95 percent of criminal cases are resolved through plea bargaining. Depending on the specifics of your case, accepting a plea bargain may be the best course of action if you are facing criminal charges. Before accepting a plea bargain, you must ensure you are getting a reasonable deal. So, how do… Read More »