Author Archives: Jay Butchko
How Does a Tampa Defense Lawyer Resolve Criminal Charges?
Two hundred fifty years ago, criminal trials, usually jury trials, resolved almost all criminal cases. The percentage gradually dropped over the years. However, even as late as the 1980s, the trial percentage was fairly high. Today, the trial rate is about 3 percent. Some cases plead out almost immediately. Others do not end until… Read More »
Does the ALR Hearing Matter in a DUI Defense?
Many defendants would say “no” to this question. They are not too far off base. After all, Administrative License Revocation hearings are difficult to win. Furthermore, the rules are very complex. So, many people conclude that a license suspension is inevitable and there is no point in fighting it. Generally, the ALR hearing occurs… Read More »
Three Most Common Search Warrant Exceptions in Drug Possession Cases
If you think the War on Drugs is over, think again. Drug possession arrests have increased significantly since 2015. Simple possession accounts for almost 90 percent of the drug arrests in Florida. Typically, things happen so fast in these cases that police officers do not have search warrants. So, prosecutors must rely on a… Read More »
Five DUI Checkpoint Requirements
Normally, the Fourth Amendment requires police officers to have reasonable suspicion of criminal activity before they can detain motorists. “Reasonable suspicion” is basically an evidence-based hunch. In this context, reasonable suspicion typically means a traffic violation, like speeding or failure to maintain a single lane. At that point, the DUI investigation begins with the… Read More »
Top Five Search Warrant Exceptions
During the Colonial period, Americans resented the fact that British officials used blank search warrants to rummage through their personal property any time they wanted to do so. So, the Founding Fathers added the Fourth Amendment to the Constitution. This provision states that search warrants must be based on probable cause. Over the years,… Read More »
What’s the Burden of Proof in Criminal Court, And Why Does It Matter?
In what many people considered the trial of the century, former football star O.J. Simpson was acquitted of double murder charges in the mid 1990s. A short time later, a civil jury considered essentially the same evidence and concluded that Simpson was legally responsible for the murders of Nicole Brown Simpson and Ronald Goldman…. Read More »
Five Ways to Remove Your Name from Florida’s Sex Offender List
Frequently, the collateral consequences of a criminal conviction are worse than the direct consequences. That’s normally the case regarding sex offenses, particularly if the defendant is a first-time offender. These individuals might receive little or no jail time, but they must register as sex offenders. Additionally, these individuals must place special license plates on… Read More »
Contesting the Field Sobriety Test Results in a DUI
The FST results are often the most critical element of the prosecutor’s case in a DUI. In most cases, the FST results serve as probable cause for the demand of a chemical sample and a subsequent arrest. In some cases, the FST results are also the best evidence of intoxication. As outlined below, the… Read More »
How Do Tampa Attorneys Resolve Criminal Cases?
Once upon a time, when the Republic was founded, criminal defendants looked forward to their day in court. But these days usually do not happen anymore. Only about 2 percent of today’s criminal cases go all the way to trial. For the most part, these plea bargains are good things. They usually involve reduced… Read More »
Three Common Search Warrant Exceptions
During the Colonial period, British officials used blank warrants to search private property at will. So, the Framers added the Fourth Amendment to the Constitution. Almost immediately, the courts carved out some exceptions to the warrant requirement. Over the years, these exceptions have broadened to the point that officers rarely bother to obtain search… Read More »