Author Archives: Jay Butchko
Should I Accept A Plea Deal?
For much of American history, trials resolved most criminal cases. Plea bargains became the norm after the Civil War, as the country continued growing and courts became overworked. Still, as recently as the 1990s, trials resolved a significant number of criminal cases. Today, that proportion has dwindled to less than 2 percent. Pretrial dismissals… Read More »
The Brave New World Of Marijuana Possession Cases In Florida
Over the last several years, a marijuana legalization wave has crashed ashore in the United States. But this wave hasn’t directly affected most Florida residents. A few localities, including Tampa, Key West, Orlando, Miami-Dade County, and Sarasota, have decriminalized marijuana possession. But a statewide prohibition remains in effect, with the exception of some medicinal… Read More »
Broward County Man Walks Free After Thirty Years Behind Bars
Witness recollection and lineup issues, along with other evidence issues, prompted prosecutors to dismiss a 1988 armed robbery case. The 57-year-old inmate was arrested in October 1988 in connection with an armed robbery that June of two people outside a convenience store in unincorporated Broward County, just west of Fort Lauderdale, according to the… Read More »
What Happens After A Domestic Violence Arrest?
Over the last several years, law enforcement officers have stepped up their campaigns against domestic violence. That’s because the public relations and criminal court campaign has largely been ineffective. Over twelve million people, most of them women, are victims of domestic violence every year. The persistently high figure has prompted calls for law enforcement… Read More »
Beating A DUI-Drug Case In Hillsborough County
In the minds of many, “stoned” driving is rapidly becoming almost as acceptable as “drunk” driving. Almost a quarter of drivers admit that they drove under the influence of a drug, usually marijuana. The list of possibly impairing substances in Florida is smaller than it is in other states. Nevertheless, there’s a good chance… Read More »
Resolving Juvenile Crimes In Hillsborough County
The direct consequences of a juvenile conviction, such as possible removal from the family home, are bad enough. The collateral consequences, such as drivers’ license suspension and school expulsion, could be even worse. Fortunately for these defendants, the political environment has changed significantly since the 1990s. A lower arrest rate means if a case… Read More »
What You Need To Know About Forfeiture
“Policing for profit” is one of the most controversial issues in criminal law. Conservative luminary Justice Clarence Thomas has harshly criticized the practice and strongly implied that it’s an unconstitutional taking of property without paying just compensation. Defenders of this practice point out that forfeiture proceeds fund anti-crime activities. The truth of the matter… Read More »
Top Five Search Warrant Exceptions
One of the most important provisions in the Bill of Rights is the Fourth Amendment. Early Americans embraced this amendment because of bitter experiences under British rule. Officials used writs of assistance, which were basically blank search warrants that were often transferable, to search private property whenever they felt like doing so. Despite this… Read More »
Beating The Breathalyzer In A Florida DUI
Many DUI defendants assume that if they failed a Breathalyzer test, they’re automatically guilty. Granted, the DUI test conviction rate is much higher than the non-test conviction rate. But, we shouldn’t give the Breathalyzer too much credit. This gadget is simply an advanced version of the 1935 Drunk-O-Meter. With that principle in mind, there… Read More »
Can Sex Offenders Be Removed From The Registry In Florida?
Back in the 1990s, many pundits believed that sex offender registration laws were the best thing since sliced bread. Since then, these laws have been harshly criticized by many, even the advocates who pushed for them. There’s almost no evidence that these registrations are effective, and they prevent former offenders from re-integrating into society…. Read More »