Author Archives: Jay Butchko
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 »
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 »