Author Archives: Jay Butchko
Successfully Resolving Aggravated Assault Charges In Hillsborough County
Most aggravated assault and other criminal charges settle out of court. In fact, only about 6 percent of the felonies in Florida state courts go to trial. However, most of these cases do not settle straightaway. Early settlements are usually not in the defendant’s best interests. In general, it is usually a bad idea… Read More »
Juvenile Vandalism Cases In Florida: A Closer Look
During coronavirus lockdowns, many police departments stopped responding to non-violent disturbance calls, like reports of vandalism. Now that these restrictions have ended, at least for the most part, many departments are going back to the controversial broken windows law enforcement theory. This theory began gaining popularity in the early 1980s. Proponents insist that low-level… Read More »
Resolving White Collar Crimes In Florida
Back in the Founding Fathers’ days, almost all criminal cases went to trial. Times have changed a lot. The nation is much larger, the crime rate is much higher, and taxpayers aren’t willing to pay for new courts. Therefore, only about 5 percent of criminal cases now go to trial. However, the settlement process… Read More »
Top Five DUI Checkpoint Requirements In Florida
Sobriety checkpoints are almost as old as automobiles. Swedish authorities set up the first DUI roadblocks in the 1930s. Due to Fourth Amendment concerns, sobriety checkpoints are not nearly as old in the United States. However, these checkpoints are now legal in Florida. They are especially common around holidays, like New Years Eve, that… Read More »
What Must The State Prove At Each Phase Of A Criminal Case?
At each of the three phases of a criminal case, the state has the burden of production and the burden of persuasion. The burden of production is a responsibility to produce evidence on a given point. This evidence could be tangible proof, like the veritable “smoking gun,” or intangible proof, like a witness’ testimony…. Read More »
Search Warrant Requirements In Florida
Random property searches during the pre-revolutionary War era were one of the most serious points of contention between American colonists and their British overlords. Officials used writs of assistance, which were basically blank search warrants, to randomly search property for contraband. Back in those days, “contraband” was anything the British government didn’t like. So,… Read More »
Unapproved And Approved FSTs In Florida: What’s The Difference?
The Field Sobriety Tests are usually an important component of a DUI prosecution. If the defendant provides a chemical sample, the FSTs establish probable cause for the demand of a sample. If there was no probable cause, the chemical test result is usually inadmissible in court. Additionally, in a significant number of cases, prosecutors… Read More »
Some Effective Defenses In Sex Crimes Cases
Once upon a time, sex cases were very difficult to defend, even if the prosecutor’s case was rather weak. Most jurors assumed that most people charged with sex offenses were monsters. Now, that attitude is changing. Jurors and judges are much more willing to look at valid defenses than they were in previous years…. Read More »
Jail Release Options In Hillsborough County
Many of the personality changes and other issues incarcerated people face can be traced to the brain injuries these individuals usually suffer. When cell doors close, the defendant’s stress hormone levels elevate significantly. So, these individuals often cannot make good decisions about their cases when they are in jail. When they get out, friends… Read More »
Search And Seizure Issues In Prescription Drug Possession Cases In Court
If you thought the War on Drugs was over, think again. This campaign is still going strong. The number of arrests has risen steadily since the 1990s, and about 80 percent of them are for simple possession. Although police are very aggressive in making arrests, as outlined below, these charges often don’s hold up… Read More »
