Author Archives: Jay Butchko
Seven Hearsay Exceptions in Federal Criminal Court
Anyone can repeat anything on social media. Usually, repeated statements are very inflammatory and very effective for the person using them. For that reason, prosecutors try to use as many inflammatory statements as possible when they present criminal cases in federal court. However, the Federal Rules of Criminal Procedure sharply limit the use of… Read More »
What is the Best Defense for DUI?
In many cases, the best defense for DUI is a defense that bypasses intoxication. If the defendant submitted a chemical sample, and that sample passed legal muster, intoxication is very difficult to disprove in Florida. The Sunshine State has a per se DUI law. Subjects with a BAC above the legal limit are intoxicated… Read More »
Five Proof Requirements in a Criminal Case
Most criminal cases, and most post-trial criminal proceedings, settle out of court. Nevertheless, the burden of proof at trial may be the biggest factor in these resolutions. At every level, attorneys always look to the likely outcome at a trial or hearing and base their negotiation positions on that prediction. The burden of proof… Read More »
Bond Hearings in Federal Cases
Under federal law, judges must release people charged with criminal offenses unless the government proves the individual is dangerous and/or a flight risk. Usually, danger refers to the safety of certain people, like alleged crime victims and possible witnesses, or the possibility of re-offense. People are flight risks if they have the means (money,… Read More »
Kinds of Sealing and Expungement in Florida
Many jurisdictions offer very few “second chances” to people with criminal convictions on their records. It’s difficult, or impossible, to seal or expunge (remove) these records. But Florida has some of the broadest sealing and expungement laws in the country. As outlined below, most former defendants are eligible for multiple kinds of relief in… Read More »
Do the Cops Always Need a Warrant?
No. In fact, the cops usually don’t need a warrant. Since the 1960s, the Supreme Court has carved out so many exceptions to the Fourth Amendment’s search warrant requirement that the exceptions swallow the rule. The good news is that these exceptions, some of which are outlined below, don’t automatically apply. Instead, the state… Read More »
What are the Four Major Types of Cases in Juvenile Court?
Many people believe the state automatically expunges juvenile criminal convictions when the former defendant turns 21. Although expungement is usually available and, in many cases, easy to obtain, it’s not automatic. Frequently, the negative collateral consequences of a juvenile conviction blindside former defendants. Young adults often forget about events that occurred seven or eight… Read More »
Special Investigators Break Up Auto Theft Ring
Five of the six people allegedly involved in a $2.5 million auto theft ring centered in Hillsborough County are now in police custody. “Operation Family Affair” centered around two brothers with lengthy criminal histories. The investigation revealed they played a role in the theft of more than 30 vehicles from more than 20 dealerships… Read More »
Why Is It Called White Collar Crime?
“White collar crime” is any financially motivated, nonviolent or non-directly violent crime committed by individuals, businesses, and/or government professionals. Middle and upper-class individuals usually commit these crimes, and usually, their motives are almost entirely financial. In 1939, sociologist Edwin Sutherland used the term white collar crime to refer to “any crime committed by a… Read More »
Look Out for These Five Immigration Fraud Scams
For many years, no one worried about immigration fraud scams. The quota system limited foreign immigration to a trickle of people per year. The 1965 Immigration and Nationality Act abolished the quota system. Almost overnight, immigration rates increased, and they’ve been spiraling upward ever since. Largely because of this significant increase, immigration is now… Read More »
