Author Archives: Jay Butchko
Defenses To Aggravated Assault Charges In Hillsborough County
Typically, prosecutors use conduct or status to elevate ordinary assault charges to Section 784.021 aggravated assault charges. The conduct is using a deadly weapon. For purposes of this law, pretty much anything can be a deadly weapon, even something like a coffee cup, depending on its use. The status is an assault with the… Read More »
Sexual Assault At University Of Florida
The University Police Department has stepped up patrols after a UF student claims a Hispanic man raped her in a dormitory. UF spokesperson Cynthia Roldan reiterated that patrols were increased to enhance students’ sense of safety and the timely warning’s call for people with knowledge to come forward. “We also encourage anyone who is… Read More »
ALS After A DUI: What You Should Know
In Florida, a chemical test refusal or a chemical test result above the legal limit usually triggers the administrative license suspension process. The Sunshine State has very strict laws in this area. Defendants only have ten days to request ALS hearings. If they don’t request hearings, the full suspension period automatically takes effect. This… Read More »
Getting A Second Chance In Florida
Despite “ban the box” laws and other such changes, persons with criminal records are about five times more likely to be unemployed than people without criminal records. Discrimination against people with criminal records abounds in many other areas as well, particularly against women. Florida lawmakers recently revised the state’s expungement and sealing laws, giving… Read More »
Jail Release Conditions In Hillsborough County
High unsentenced inmate percentage is a problem in almost every state. The Sunshine State has one of the highest percentages of unsentenced inmates in the country. In other words, many inmates haven’t been convicted. They’re just waiting for their day in court, usually because they cannot afford to make bail. In response to this… Read More »
Top Five Search Warrant Exceptions
Many large, multi agency investigations culminate in a search warrant. Frequently in these cases, officers spend months or years collecting enough evidence to establish probable cause in affidavits. In other law enforcement contacts, most notably traffic stops, things happen much faster. There’s no warrant. Therefore, when these cases go to court, unless a narrow… Read More »
Cops: Messages At Florida-Georgia Game Weren’t Criminal
The Jacksonville Sheriff’s Office said that comments projected onto the stadium’s wall “do not include any type of threat and are protected by the First Amendment.” The remarks included statements like “Ye [formerly Kanye West] is right about the jews,” an apparent reference to that rapper’s earlier antisemitic comments. “We are horrified by and… Read More »
Overcoming Adverse FST Results In A Florida DUI
The National Highway Traffic Safety Administration has approved three Field Sobriety Tests for use in DUI arrests. If a defendant provides a breath or blood sample, as most defendants agree to do, prosecutors use the FST results to establish probable cause for that law enforcement request. If the defendant refuses to provide a chemical… Read More »
What Are The Three Types Of Plea Bargains In Juvenile Cases?
In the Founding Fathers era, and for many years thereafter, jury trials resolved almost all criminal cases in the United States. Bench trials, in which a judge serves as both factfinder and legal referee, were rare, and plea bargains were almost unheard of. Things started changing in the late 1800s. The country was growing… Read More »
Tampa Jury Returns Guilty Verdict In Hate Crimes Case
A 29-year-old man faces up to ten years in prison after a jury concluded that a 2021 road rage incident was racially motivated. Court documents show that the defendant encountered J.T, the alleged victim, while he, his girlfriend, and 4-year-old daughter were en route to Clearwater. The defendant pretended to “shoot” the victim and… Read More »