Author Archives: Jay Butchko
What is Chemical Testing for DUI?
Chemical tests, usually breath tests and blood tests, are generally accurate. Perhaps more importantly, the chemical test conviction rate is much higher than the non-test conviction rate. However, no scientific instrument is perfect, and that includes Breathalyzers and blood test analysis tests. More on that below. These scientific flaws allow a Tampa criminal defense… Read More »
Card Decks and Criminal Investigations
Officials are hopeful that a new deck of cards could close some of the 20,000 unsolved murders in the Sunshine State. The cards, which can be used for playing, were created to shed light on Florida’s unsolved cold cases, through a partnership between Crime Stoppers and the Florida Department of Law Enforcement, Florida’s Department… Read More »
Resolving White Collar Criminal Matters
Embezzlement, bribery, and other white collar criminal matters usually settle out of court. About 94 percent of white collar crime cases settle out of court. According to an old saying, a bird in the hand is worth two in the bush. The certainty of something good (a favorable plea bargain) is better than the… Read More »
Five Key DUI Roadblock Requirements
Even though the Supreme Court approved DWI checkpoints in 1990, only thirty-eight states, including Florida, have legalized them. DUI roadblocks, which allow police officers to circumvent the Fourth Amendment and detain people without reasonable suspicion, usually pop up during the July 4th holiday and other holidays, like New Years, associated with drinking and driving…. Read More »
Five Key DUI Roadblock Requirements
Even though the Supreme Court approved DWI checkpoints in 1990, only thirty-eight states, including Florida, have legalized them. DUI roadblocks, which allow police officers to circumvent the Fourth Amendment and detain people without reasonable suspicion, usually pop up during the July 4th holiday and other holidays, like New Years, associated with drinking and driving…. Read More »
Resolving White Collar Criminal Matters
Embezzlement, bribery, and other white collar criminal matters usually settle out of court. About 94 percent of white collar crime cases settle out of court. According to an old saying, a bird in the hand is worth two in the bush. The certainty of something good (a favorable plea bargain) is better than the… Read More »
Legal and Scientific Issues in a Hillsborough County DUI
The direct and collateral costs of a DUI usually exceed $20,000. Higher auto insurance rates account for much of that total. Usually, a DUI causes auto insurance rates to at least triple. Some of the cost is intangible. For example, many companies don’t hire people with DUI convictions as a matter of policy, because… Read More »
Nuts and Bolts of Jail Release in Hillsborough County
The number of unsentenced jail inmates has been in the news recently. Florida has one of the highest percentages of unsentenced inmates in the country. A significant number of Hillsborough County jail inmates haven’t been convicted of a crime. Instead, they’re either unable to afford bail or waiting for their extensive bail paperwork to… Read More »
Common Search Warrant Exceptions in Florida
Blank search warrants, or writs of assistance, were a thorn in the side of American colonists. These documents allowed British authorities to search any private property they pleased, for any reason they fabricated. So, the Founding Fathers added the Fourth Amendment to the U.S. Constitution. This provision allows judges to issue search warrants only… Read More »
DUI Reasonable Suspicion: Parts One and Two
In most cases, police officers must have reasonable suspicion, which is basically an evidence-based hunch of criminal activity, to detain people and investigate crimes. DUI roadblocks, which are legal in Florida and most other states, are the primary exception to this rule. At checkpoints, officers may detain motorists according to a preset formula, whether… Read More »
