Author Archives: Jay Butchko
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 »
Part I: Exceptions to the Hearsay Rule
The “Rule Against Hearsay” is complicated, and it can be difficult to understand the precise legal meaning of “hearsay evidence” and when it is and is not permitted to be used in a criminal case. Many people know a colloquial definition of “hearsay,” often understood to mean something somebody else said that another person… Read More »
When Can Serious Felony Convictions Be Expunged?
Under Indiana law, it may be possible to have a record of a criminal conviction expunged. It is important to know that Indiana does not use the term “expungement” to mean the destruction or eradication of any trace of a criminal record (as some states do), but rather uses the term to refer to… Read More »
What You Should Know About Expunging Arrest Records
Criminal conviction records can have substantial effects on a person’s future, but even an arrest record — without a conviction — can be damaging. Indeed, even if you were never convicted of a criminal offense in Indiana, you may still need to report an arrest record when applying for certain jobs or licenses or… Read More »
Can I Reverse a Lifetime License Suspension?
Indiana law concerning driver’s license suspensions used to be significantly stricter when it came to lifetime suspensions, and many people who were adjudicated as habitual violators could receive a lifetime suspension of their license without clear options for contesting the lifetime suspension or attempting to have it reversed. To be clear, a lifetime suspension… Read More »
Indiana’s Civil Forfeiture Law Case to be Heard by 7th Circuit
Indiana has one of the most difficult civil asset forfeiture systems in the United States, when it comes to those who have been impacted by these laws being able to retain their property. While civil forfeiture might not sound like it has anything to do with criminal law, the two systems are connected. Civil… Read More »
Additional Types of Expungements in Indiana
Recognizing that criminal records can continue to impact a person’s life after they have completed the terms of their sentence, Indiana law allows people who have been convicted of misdemeanor and even felony offenses to seek expungements of their records. Under Indiana law, an expungement is not a term that refers to complete destruction… Read More »
How Do Indiana Plea Agreements Work?
Anyone, who, in the state of Indiana has been arrested for a criminal offense and is now facing charges may be wondering if they are eligible for a plea agreement, and whether they should consider taking a plea agreement. Plea agreements are governed generally by IC 35-35-3, and they are defined as “an agreement… Read More »
What Are Intimidation Charges in Indiana?
In Indiana, laws that are commonly described under a broader legal umbrella of “assault and battery” are defined a bit differently, and the distinction among these laws can be confusing. One type of offense that is commonly charged is the offense of “intimidation.” This offense is similar to what other states’ criminal laws call… Read More »
What is a Terry Stop?
If you are stopped and searched while you are out walking in Indianapolis or a surrounding area, it is critical to understand your rights under the Fourth Amendment to the US Constitution. The Fourth Amendment protects against unreasonable search and seizure, and US Supreme Court case law has clarified the rights afforded to individuals… Read More »