Author Archives: Jay Butchko
The Three Burdens Of Proof In A Criminal Case
Ultimately, prosecutors must establish guilt beyond any reasonable doubt. That’s the highest burden of proof in the law. But first, the state must establish reasonable suspicion for the initial stop, at least in most cases, and probable cause for the arrest. The three phases of a DUI case, which are outlined below, are a… Read More »
Record Sealing And Expunction In Florida
Life is difficult enough with a clean criminal history. A blemish on a permanent record, no matter how old the blemish is, makes things much harder. For example, when investigators look into criminal activity, they usually start with people that have criminal records. We all have skeletons in our closets. As a result, additional… Read More »
Top Three Ways To Get Out Of Jail
Except in a few very rare instances, pretrial detention has no upside for anyone. Such incarceration hurts defendants and their families. These negative effects are well-documented. Furthermore, pretrial incarceration doesn’t protect society, and is costly to the state or county. In contrast, pretrial release benefits everyone. Defendants are free to support their families, financially… Read More »
Five Most Common Search Warrant Exceptions
Almost immediately after the Constitution took effect, the Founders added the Bill of Rights, including the Fourth Amendment, to this document. This provision forbids unreasonable warrantless searches and seizures. “Unreasonable” has a specific meaning in this context. Unless a narrow search warrant exception applies, any seized evidence is inadmissible in state or federal court…. Read More »
What Should I Do If I Get Pulled Over For DUI In Florida?
In 2021, in the wake of some well-publicized and controversial police shootings, one of which was in neighboring Georgia, the National Police Association launched an advertising campaign it called comply now and complain later. That’s good advice, as long as individuals know their rights at police stops and don’t allow officers to bully them…. Read More »
Pandemic Domestic Violence Cases
Florida’s notorious clogged criminal courts became even more clogged during coronavirus shutdowns in early 2020. Domestic violence incidents increased significantly during this period, mostly because people were unable to “blow off steam” as they had previously. Many of these cases are just now winding their way through the system. All assault cases have dire… Read More »
Lawmaker Pledges Movement On Marijuana Legalization
Would-be Florida governor Nikki Fried said she would “legalize weed” if she won the election in November 2022. In a Twitter post, she argued that since medical marijuana is legal and guns are legal, recreational marijuana should be legal as well. Fried also said she would take legal action against President Joe Biden, seeking… Read More »
Don’t Let A DUI Affect Your Driving Privileges
In many places, the rise of Uber, Lyft, and other ridesharing services has decreased the number of vehicle owners and licensed drivers. Yet over seven million Floridians rely on their vehicles to get around the vast Sunshine State. A DUI conviction, or even a DUI arrest, can restrict, or even eliminate, the ability to… Read More »
Keeping Juvenile Crimes Off Your Permanent Record
Kids make poor decisions, not because they are rebellious, but because they don’t understand risk-reward. That’s why little children chase balls into busy streets. They don’t understand that the risk of being hit by a car far outweighs the reward of getting the ball. That’s also why older children get in trouble with friends…. Read More »
Is It Better To Go To Trial?
Many lawyers cite the old saying “a bird in the hand is worth two in the bush” to encourage their clients to accept plea bargains. This saying is usually true, but we need to break it down. According to the dictionary, this saying means that “The things we already have are more valuable than… Read More »
