Author Archives: Jay Butchko
Breaking Down A License Revocation Hearing In A Florida DUI Case
The Fifth Amendment gives people the right to refuse to provide chemical samples in DUI cases. However, that right is not absolute, because Florida is an implied consent state. When people sign their drivers’ licenses, they agree to provide chemical samples on demand. So, if drivers change their minds and refuse to provide them,… Read More »
Setting Up A Successful Plea Bargain In Hillsborough County
In the early years of the Republic, trials resolved almost all criminal cases. But then the United States grew rapidly, in terms of population and area. Taxpayers weren’t willing to pay for the additional courts needed. As a result, plea bargains became increasingly common in the overburdened judicial system. One of the earliest recorded… Read More »
Defending Pornography Possession Charges in Florida
Many criminal prosecutions hinge almost entirely on eyewitness testimony. Typically, the case is a single-witness case. The arresting officer is the only witness. Possession cases, especially pornography possession cases, are different, mostly because of the best evidence rule. This legal doctrine, which normally applies to documents, requires litigants to produce the original in court… Read More »
The Three Ps Of Drug Possession Charges In Florida
If you thought the War on Drugs was over, think again. True, the harsh mandatory minimum prison sentences which lawmakers approved in the 1980s are largely gone. But Florida peace officers still make tens of thousands of drug arrests every year. 80 percent of them are for simple possession. In most cases, it is… Read More »
Minimizing The Collateral Effects Of Domestic Violence Charges
The lingering effects of COVID-19 lockdowns, along with the associated financial stress, have significantly increased the number of domestic violence incidents in Florida, and these incidents were already alarmingly common. Most Tampa Bay law enforcement agencies have mandatory domestic violence arrest policies. When officers respond to these disturbance calls, someone immediately goes to jail…. Read More »
Evidence In Florida DUI-Drug Cases
In many jurisdictions, there are more “stoned” drivers than “drunk” drivers. In all jurisdictions, DUI-drug cases almost always have evidence issues. Since there is no widely-available Breathalyzer for marijuana and other drugs, at least not yet, the state must rely exclusively on circumstantial evidence. The conviction rate in non-chemical test cases is almost 50… Read More »
Some Effective DUI Defenses
Law enforcement authorities are very aggressive when it comes to DUI arrests. In 2018, there were almost 33,000 DUI arrests in the Sunshine State. Furthermore, the Tampa Bay area had the most number of arrests by far. Lack of evidence regarding intoxication is usually the best defense, and often the only available defense, in… Read More »
Most Common Search Warrant Exceptions
A bedrock principle of American law is that police officers must have a search warrant, or probable cause, before they seize contraband of any kind. Usually, peace officers only obtain search warrants in large, multi-agency investigations, like probes of drug trafficking rings. In everyday cases, most prosecutors use the probable cause loophole. The Supreme… Read More »
Civil Vs. Criminal Actions: Some Key Differences
Until about 1850, America was not a very large or sophisticated country. Most courts heard both civil and criminal matters, and frequently, these matters overlapped. For example, disaffected wives often brought criminal cases against wayward husbands, accusing them of adultery, drunkenness, and other shenanigans. Some of that overlap remains, especially regarding car crashes and… Read More »
If I Blew Into A Breathalyzer Or Provided A Blood Sample, Am I Automatically Guilty Of DUI?
Defendants are never “automatically” guilty of anything in American courts. However, they can be almost automatically guilty, if that makes any sense. Florida, like all other states, has a per se DUI law. In ye olden days, an adverse chemical test result was only a presumption of intoxication. Now, it’s absolute proof of intoxication,… Read More »
