Author Archives: Jay Butchko
Is DUI a Federal Offense in the USA?
Yes, and the federal law, which is 36 CFR § 4.23, closely mirrors the Florida DUI law. The U.S. Attorney may use direct or circumstantial evidence to establish intoxication, and the other elements of a DUI, beyond any reasonable doubt. So, federal DUIs feature most of the same defenses as Florida DUIs. However, the… Read More »
Plea Bargains in Juvenile Criminal Cases
In Florida, plea bargains resolve over 95 percent of juvenile criminal matters. The plea bargain-based system has been criticized by many, but the system is apparently here to stay. Plea bargains in juvenile court are different from plea bargains in adult criminal court. Although the laws and procedures are basically the same, the focus… Read More »
Sheriff’s Deputies Nab Robbery Suspect
On January 20, 2025, Hillsborough County sheriff’s deputies arrested a 29-year-old man and changed him with multiple crimes. Deputies launched an investigation on Saturday, Jan. 18 after receiving multiple calls about a man robbing multiple gas stations at gunpoint. “Through investigative means, detectives identified the vehicle linked to the crimes, revealing the car was… Read More »
Are Breathalyzers Always Accurate?
Not even close. In fact, in 2023, a Massachusetts court threw out over 25,000 DUI guilty pleas entered between 2011 and 2019, because the devices weren’t properly adjusted and calibrated. Improper calibration is just one of many Breathalyzer flaws, as outlined below. Other methods, such as blood tests, are vastly more reliable than breath… Read More »
Florida Man Sentenced for Crime Spree
A 29-year-old man who robbed a convenience store, a gas station, carjacked a vehicle, and led federal agents and local authorities on a high-speed chase may spend the next forty years in prison. During these robberies, officials say the defendant held victims at gunpoint. On January 19, 2022, he went back to the gas… Read More »
What Happens to Bail-Jumpers in Florida?
Bail jumping, or failing to meet all the conditions of supervised release, has short-term and long-term consequences in the Sunshine State. The short-term consequences usually include the issuance of a bench warrant. A bench warrant is basically a combination of an arrest warrant and a court order, so it’s an arrest warrant on steroids…. Read More »
Hillsborough Co. Authorities Arrest Hit-and-Run Suspect
Florida Highway Patrol investigators say a 20-year-old woman stuck and killed a bicyclist in November 2024 before fleeing the scene. Investigators state that the woman was allegedly traveling in a red Dodge Charger with black rims, headed east down the highway. Meanwhile, the 19-year-old was traveling in the same direction. West of 4th Street,… Read More »
Where is Marijuana Legal in Florida?
Nowhere, but it’s complicated. As outlined below, any kind of possession of marijuana is illegal under federal law. Most marijuana possession is illegal under state law. A few municipalities have decriminalized marijuana possession to a certain extent. Decriminalization usually means allowing possession of a small quantity of recreational marijuana or reducing these charges to… Read More »
Seven Hearsay Exceptions in Federal Criminal Court
Anyone can repeat anything on social media. Usually, repeated statements are very inflammatory and very effective for the person using them. For that reason, prosecutors try to use as many inflammatory statements as possible when they present criminal cases in federal court. However, the Federal Rules of Criminal Procedure sharply limit the use of… Read More »
What is the Best Defense for DUI?
In many cases, the best defense for DUI is a defense that bypasses intoxication. If the defendant submitted a chemical sample, and that sample passed legal muster, intoxication is very difficult to disprove in Florida. The Sunshine State has a per se DUI law. Subjects with a BAC above the legal limit are intoxicated… Read More »