Author Archives: Jay Butchko
The Two Kinds of Reasonable Suspicion in a DUI Case
Reasonable suspicion, or the belief that someone is involved in criminal activity, is basically an evidence-based hunch. Courts use the “reasonable person” or “reasonable officer” standard to evaluate reasonable suspicion in criminal cases. Basically, the question is whether an officer of similar experience and status would consider the circumstances sufficiently suspicious to warrant intervention…. Read More »
11-Year-Old Arrested Following Crime Spree
Authorities in Alachua County tracked down an 11-year-old boy who allegedly pointed a gun at two individuals and demanded their vehicles. Deputies said they responded to a “suspicious incident” on March 25, 2025 at around 3 p.m. in the Meadowbrook neighborhood. “The victim stated the suspect pointed a gun at them and demanded their… Read More »
How Do I Get Out of Jail in Hillsborough County?
Many Floridians ask this same question every day and night. The Sunshine State has one of the highest percentages of unsentenced inmates in the country. In other words, many county jail inmates have been arrested but not convicted of a crime nor even officially charged with a crime. To reduce the number of unsentenced… Read More »
What is a Deportable Offense?
Either directly or indirectly, almost any misdemeanor or felony could be a deportable offense. Aggravated felonies and CIMTs (crimes involving moral turpitude) usually prompt immediate deportation proceedings. More on that below. Furthermore, at a later status adjustment hearing, any criminal record is a black mark that could make the difference between a permanent status… Read More »
DUI and Your Drivers’ License
It’s a little-known fact that the state of Florida can suspend your drivers’ license based solely on a DUI arrest. In fact, pre-arrest suspensions are very common, especially in chemical test refusal cases. Florida is an implied consent state. So, if a driver refuses to provide a chemical sample, for the state, a driver’s… Read More »
Why Does My Lawyer Think I Should Go to Trial?
Nowadays, in federal court, many lawyers hardly ever utter the phrase “I think we should go to trial.” A generation ago, criminal trials in federal court were somewhat common. Today, plea bargains resolve over 95 percent of federal criminal cases. For both sides, a bird in the hand is normally worth two in the… Read More »
What to Expect in a Federal Criminal Case
Eventually, most defendants in most federal criminal cases can expect an out-of-court settlement. As late as the 1980s, criminal trials were somewhat common. Today, they’re almost unheard of. Over 98 percent of federal criminal cases settle out of court. Such a large majority of criminal cases end in plea bargains because this process creates… Read More »
What is the Difference Between Expungement and Sealing in Florida?
The primary difference between these two forms of post-trial relief is the effect they have on a criminal record. Expungement, which completely erases the record, is basically a judicial admission that the defendant was wrongfully accused. It’s generally only available if charges were dropped or the person was acquitted. Sealing conceals a record from… Read More »
What is the Best Defense for a Battery Charge?
Politicians have made ordinary battery and other violent crimes high-priority matters in the Sunshine State. Approximately two-thirds of Floridians don’t feel safe as they go about their daily lives. People who aren’t satisfied with the status quo usually vote for the other guy on election day. Therefore, local law enforcement agencies typically have directions… Read More »
Is DUI a Federal Offense in the USA?
Yes, and the federal law, which is 36 CFR § 4.23, closely mirrors the Florida DUI law. The U.S. Attorney may use direct or circumstantial evidence to establish intoxication, and the other elements of a DUI, beyond any reasonable doubt. So, federal DUIs feature most of the same defenses as Florida DUIs. However, the… Read More »