Author Archives: Jay Butchko
Top Five Search Warrant Exceptions
One of the most important provisions in the Bill of Rights is the Fourth Amendment. Early Americans embraced this amendment because of bitter experiences under British rule. Officials used writs of assistance, which were basically blank search warrants that were often transferable, to search private property whenever they felt like doing so. Despite this… Read More »
Beating The Breathalyzer In A Florida DUI
Many DUI defendants assume that if they failed a Breathalyzer test, they’re automatically guilty. Granted, the DUI test conviction rate is much higher than the non-test conviction rate. But, we shouldn’t give the Breathalyzer too much credit. This gadget is simply an advanced version of the 1935 Drunk-O-Meter. With that principle in mind, there… Read More »
Can Sex Offenders Be Removed From The Registry In Florida?
Back in the 1990s, many pundits believed that sex offender registration laws were the best thing since sliced bread. Since then, these laws have been harshly criticized by many, even the advocates who pushed for them. There’s almost no evidence that these registrations are effective, and they prevent former offenders from re-integrating into society…. Read More »
Drive-By Shooting In Lakeland Injures Ten People
Police know little about the incident, except that four masked shooters in a blue Nissan sedan fired into a building, wounding ten people. “The vehicle slowed, did not stop, and the four windows went down. It appeared to be occupied by four shooters in the vehicle,” Lakeland Police Chief Sam Taylor remarked. “They started… Read More »
What’s The Difference Between Civil And Criminal Court?
Sometimes, there isn’t much of a difference between civil and criminal courts in Florida. Domestic protective orders are a good example. Criminal and civil judges alike have the power to make these orders in the Sunshine State, although criminal judges usually defer to civil judges, especially if the parties in a protective order are… Read More »
FAQ About Sealing And Expunging Criminal Records In Florida
The effects of a criminal conviction linger long after defendants serve their time and are released. About half of unemployed men have criminal convictions. Many bosses believe that misdemeanor convictions indicate poor judgment skills. They also believe that applicants who have committed felonies are bad people. Record sealing and expunging is the most common… Read More »
Police Gun Down Lakeland Mass Shooting Suspect
In a follow-up to a blog we posted recently, a Lakeland police officer shot a suspect six times after a police chase and carjacking. While he was being watched by the Lakeland Police Department, the federal Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Florida Department of Law Enforcement, the suspect got into… Read More »
What Are The Consequences Of Joining A Gang In Florida?
Street gangs began in the early 1900s. Then as now, many people joined what they believed were social organizations. These individuals often don’t know, until it is too late, the entire extent of that organization’s activities. Until recently, gangs mostly committed petty crimes and property crimes. Recently, violent gang activity has increased, in areas… Read More »
Resolving White Collar Criminal Cases In Hillsborough County
One of the first recorded plea bargains in American history involved a white collar criminal case. In February 1881, since prosecutors dropped felony embezzlement charges, Californian Albert McKenzie pleaded guilty to misdemeanor embezzlement. Prosecutors charged that McKenzie, who worked for a sewing machine company, embezzled $52.50 from his employer. The McKenzie plea signaled a… Read More »
Effective Defenses In DUI Cases
Just as the decades-long DUI crackdown was showing some signs of effectiveness, coronavirus lockdowns undid that progress. Now, some officers who are desperate to reverse the rising tide of drunk driving incidents take illegal shortcuts during the arrest process. Others make arrests in borderline cases, making it almost impossible for prosecutors to establish guilt… Read More »