Author Archives: Jay Butchko
Proof Issues in Common White Collar Criminal Cases
All criminal cases have proof issues. Prosecutors must establish guilt beyond any reasonable doubt. That’s the highest standard of proof in Florida law. Because of this high burden of proof, witness availability and credibility are usually the two biggest proof issues. Many cases are single-witness cases. In most cases, police officers are available and… Read More »
Hidden DUI Defenses in Florida
UI (under the influence) is usually the most contested element in a DUI case. D (driving) could be an issue as well. Legally, both basic elements must meet the same requirements. Prosecutors must establish every element of every criminal offense beyond any reasonable doubt. Usually, the state uses chemical test results, typically a Breathalyzer… Read More »
Why Does My Lawyer Want Me to Plead Guilty?
The decision to voluntarily plead guilty, which belongs to the client alone, usually comes down to the three Cs of cost, closure, and control. Criminal trials require considerable preparation. Therefore, they are considerably more expensive than pleas. Furthermore, if a defendant decides to go to trial in Hillsborough County, the defendant must wait several… Read More »
Statewide Crackdown Nabs Two More Street Racers
Authorities in Orange County booked two men into jail on charges of street racing. They allegedly traveled at 199mph on the Florida Turnpike. The duo was spotted near the intersection of Moss Park Road and North Shore Golf Club Boulevard. A probable cause affidavit said the Orange County Sheriff’s Office received several calls regarding… Read More »
Civil Consequences of Criminal Cases
The direct consequences of a criminal conviction are bad enough. Jails and prisons in the United States hold over two million inmates. The average sentence length has increased in recent years as well. However, even the longest sentence in the most overcrowded prison ends eventually. But to released inmates, the consequences of s criminal… Read More »
What Proof Do Officers Need to Get a Search Warrant?
Judges may only issue search warrants if officers submit written probable cause affidavits. Probable cause is a vague standard of proof which basically means “s/he’s probably guilty, but I need to hear both sides of the story to be sure.” That’s a low standard of proof, but officers often take shortcuts and/or heavily cite… Read More »
The Bill of Rights and Drug Trafficking Cases
James Madison, the Founding Father who spearheaded passage of the Bill of Rights, initially opposed them. In fact he called the proposals “parchment barriers” that provided no individual protections. Madison wasn’t wrong. For many years, the Bill of Rights was little more than a statement of purpose. The Supreme Court didn’t introduce the exclusionary… Read More »
Building a Successful Defense in an Assault Case
Ultimately, a successful defense in an assault or any other case must create a reasonable doubt as to the evidence. A criminal case doesn’t decide if the defendant “did it” or not. Rather, the outcome of a criminal case hinges on what the state can prove. The less evidence prosecutors have, and the stronger… Read More »
Breaking Down a DUI-Drug Case in Florida
Many states have very broad DUI-drug laws. Almost anything in your pantry, refrigerator, or medicine cabinet, including caffeine and sugar, could be an impairing substance. But Florida’s DUI-drug law is much more narrow, at least in terms of possibly intoxicating substances. More on that below. Despite the law’s narrow focus, DUI-drug cases are extremely… Read More »
Keeping Juvenile Criminal Records Clean
Under Florida law, adults with juvenile criminal records can petition the court for expunction. However, in most cases, former offenders must wait until they turn 26 to use the automatic expunction provision. Most people begin their adult lives much earlier than that. A criminal record often precludes military enlistment and creates other hardships. Furthermore,… Read More »