Author Archives: Jay Butchko
Breaking Down a Refusal to Submit Case in Florida
Since 1990, police and prosecutors have received new weapons in the ongoing fight against DUI. Refusal-to-submit laws, which were implicitly legalized by the Supreme Court in 2016’s Birchfield vs. South Dakota, are one of the latest weapons. States that have passed these laws, such as Florida, hope they’ll increase the number of defendants who… Read More »
Challenging the Evidence in a Criminal Case
Evidence, or the lack thereof, is critical in a criminal case. The prosecutor must prove guilt beyond any reasonable doubt. A hit-and-run case illustrates the difference between the burden of proof in criminal court and the burden of proof in civil court which is a preponderance of the evidence (more likely than not). In… Read More »
Sealing and Expunging Criminal Records in Florida
This process is governed by Section 943.045 of the Florida Statutes. Expunction is like a magic wand that wipes out all traces of a criminal record. Sealing is like using White-Out to redact a criminal record. If you don’t know what White-Out is, feel free to Google it. Some state agencies, mostly law enforcement… Read More »
Florida Man Arrested in Pennsylvania
The long arm of the law caught up to a man who was charged with manslaughter after the death of his brother. The Cape Coral Police Department said a man was arrested after a traffic stop by Pennsylvania State Police troopers. He faces a manslaughter with a weapon charge out of Cape Coral. Cape… Read More »
Sex Crimes Defenses in Florida
Many people believe that sex offenders in the Sunshine State are homogenous. A consensual Romeo and Juliet sexual relationship, if Romeo was a little too old and Juliet was a little too young, is just as bad as Friar Lawrence sexually assaulting Lady Capulet. This common misperception underscores the need for a vigorous defense… Read More »
POM Cases in Florida From Start to Finish
Possession of marijuana cases are much different now than they were ten years ago. For one thing, the 2018 Farm Bill legalized hemp. This substance has the exact same look, feel, smell, and other qualities as marijuana. Many prosecutors are now hard-pressed to distinguish illegal marijuana from legal hemp. Second, most jurors have a… Read More »
What is Considered Aggravated Assault in Florida?
Every state defines enhanced assault, or aggravated assault, differently. Florida’s version of aggravated assault is found in Section 784.021 of the Florida Statutes. The punishment for aggravated assault is basically the same in all states. Ordinary assault, or simple assault, is usually a misdemeanor. Aggravated assault is always a felony. In Florida, a Section… Read More »
Intoxication Defenses in a DUI
Section 856.011 defines intoxication as loss of “the normal control of either his/her body or his/her mental faculties, or both.” Furthermore, the Sunshine State, like most other jurisdictions, has a per se definition. Individuals with a BAC adobe the legal limit, which is usually .08, are intoxicated as a matter of law. The first… Read More »
Five Indirect Effects of a Juvenile Criminal Conviction
Some parents believe that troubled children should “take their medicine” and face the full consequences of their actions in juvenile court. The problem with this approach is that, in many cases, the medicine is much stronger than parents believe it is. Juvenile criminal convictions usually have consequences that affect children for years to come…. Read More »
Authorities File Charges in Alleged Hate Crime Murder
Following a month-long investigation, a 65-year-old man was taken into custody and charged with second-degree murder with a hate crime enhancement for the killing of a 52-year-old man at the West Dog Park in Tampa in February 2024. The arrestee initially told police he killed the man in self-defense. But an investigation undermined that… Read More »