Author Archives: Jay Butchko
Federal Government Continues Crackdown On COVID-19 Fraud
The federal government has been cracking down on people suspected of committing fraud related to the ongoing COVID-19 pandemic. Specifically, federal prosecutors are targeting individuals and businesses that allegedly obtained federal relief funds using fraudulent tactics. Many of these cases center on the Paycheck Protection Program (PPP), a program created by Congress to provide… Read More »
Can You Be Ordered To Pay Your Victim’s Legal Fees If You Are Convicted Of A Crime?
Although the prospect of jail time is often what concerns a criminal suspect the most, prison is not the only form of punishment that may follow from a guilty verdict. In cases where there was a victim, the sentencing court may also order a convicted defendant to make restitution. Florida law states restitution is… Read More »
How “Speedy” Is The Right To A “Speedy Trial”?
The Sixth Amendment to the United States Constitution famously declares that in all criminal cases, the accused “shall enjoy the right to a speedy and public trial.” The Constitution itself never actually defines the word “speedy,” however, so what does this actually mean? Does the state actually have a time limit to try you… Read More »
Can I Appeal My Criminal Conviction To The Supreme Court?
You will sometimes hear people who are upset at a court decision that, “I’ll appeal this all the way to the Supreme Court!” In reality, very few cases ever get that far. Indeed, the Supreme Court largely decides its own docket, meaning you cannot even appeal to the Supreme Court will not even hear… Read More »
What Is “Marital Status Discrimination”?
Under most circumstances, a Florida employer can fire–or refuse to hire–a person with or without giving a reason. This is what is known as “at-will” employment. But there are some exceptions to this general rule. Notably, federal and state civil rights laws protect employees and job applicants from discrimination on the basis of certain… Read More »
Do Police Have To Give You A New Miranda Warning If You Start Talking?
Under the U.S. Supreme Court’s 1966 decision in Miranda v. Arizona, police are required to advise a criminal suspect of their constitutional rights to remain silent and to speak with an attorney before conducting an interrogation. If the suspect subsequently invokes the right to remain silent, the interrogation must cease–i.e., the police cannot ask… Read More »
What Is The Legal Standard For A Domestic Violence Injunction In Florida?
Under Florida law, a person who is a victim or potential victim of domestic violence may request a court injunction against their alleged abuser. This is a very serious matter. If the court issues the injunction, the respondent faces potential criminal charges–and thus jail time–if they violate the terms of the order. At the… Read More »
Can You Change Your Mind And Withdraw A Guilty Plea?
Criminal cases are often resolved by plea agreement. In simple terms, the defendant agrees to plead guilty (or sometimes “no contest”) to a specified charge, and in exchange the prosecution agrees to a particular sentencing recommendation. A plea agreement is not final until it is accepted by the court. And under Florida law, a… Read More »
Does A Felony Conviction Always Mean Jail Time In Florida?
Criminal sentencing is a very complicated area of law. When a person is convicted of a felony in Florida, for example, they will not necessarily face a mandatory prison sentence. Indeed, the courts rely on a complex “score sheet” prepared by the State’s Attorney to determine whether prison is necessary for a given crime…. Read More »
Can A Court Order Me To Pay Restitution If My Child Commits A Crime?
While prison is often the form of punishment that concerns criminal defendants the most, it is worth noting that jail is not the only way a court can hold an offender accountable for their actions. Florida law authorizes a court to award restitution–i.e., financial compensation–to the victims of any criminal act. The prosecution must… Read More »
How Williams Rule Evidence Can Affect Your Criminal Case
A criminal trial is not about the defendant’s character. At least it is not supposed to be about character. A trial is about determining whether or not the prosecution can prove that the defendant committed a particular crime. For these reasons, prosecutors typically cannot introduce evidence of uncharged or unrelated crimes. For instance, if… Read More »
When Does Offensive Speech Cross The Line Into Criminal Activity?
The First Amendment provides broad protections for freedom of speech. Even if particular speech is upsetting or produces a strong emotional reaction in the listener, that does not make the speech criminal. At least in most cases. The courts have recognized some exceptions to the First Amendment, including one for “true threats.” As defined… Read More »
Does A Jury Need To Unanimously Agree About The Specific Criminal Act Committed By The Defendant?
The right to a jury trial means that the jurors must reach a unanimous verdict. Strictly speaking, this means that the jurors must all agree that the prosecution has proven each element of the alleged criminal offense “beyond a reasonable doubt.” If a single criminal charge encompasses two or more separate incidents, the jury… Read More »
How The Accuser’s Physical State Can Affect A Sexual Battery Charge
Sex crimes charges often involve some of the harshest penalties available under Florida law, particularly when the alleged offense involves non-consensual sexual activity. Indeed, sexual battery–the legal term for rape in Florida–can be charged as a first-degree felony under certain circumstances. For example, if the evidence shows the victim was “physically helpless to resist”… Read More »
Can “Religious Freedom” Be A Defense To Criminal Charges?
The First Amendment guarantees every person the right to freely exercise their religious beliefs. Federal laws such as the Religious Freedom Restoration Act (RFRA) further provide that the government “may substantially burden a person’s exercise of religion” only if it furthers a “compelling governmental interest” and is the “least restrictive means” of furthering that… Read More »
What Happens When A Potential Juror Assumes I’m Guilty?
The presumption of innocence is the bedrock of the American criminal justice system. All persons accused of a crime are innocent unless they are found guilty “beyond a reasonable doubt” by a jury of their peers. Jurors themselves must not enter a trial with any assumptions regarding the defendant’s guilt. Their ultimate verdict must… Read More »
What Is The “Independent Act” Defense?
Generally speaking, if two people conspire to commit a crime, they are both guilty of that crime, regardless of the specific role that each person may have played. But what if one person goes beyond the scope of the “agreement”? In other words, what if one conspirator decides to commit an additional crime that… Read More »
Can My Child Be Arrested For “Trespassing” On School Grounds During A Suspension?
Florida’s juvenile justice system often puts minors between a rock and a hard place. While minors lack the legal ability to make most decisions for themselves, they may still find themselves in trouble due to the actions of their parents. Unfortunately, certain criminal laws may impose liability on a minor even in a situation… Read More »
Can A Judge Throw Out A Breathalyzer Test That Indicates I Was Not Drunk?
It is fairly common knowledge that a person commits DUI in Florida if they have a blood-alcohol content of 0.08 percent or higher as measured by a Breathalyzer or similar chemical test. Prosecutors will often introduce unfavorable test results to secure a defendant’s conviction. Keep in mind, however, that strictly speaking, a test is… Read More »
How Does Florida’s “Romeo And Juliet” Law Affect Statutory Rape Cases?
The age of consent in Florida is normally 18. This means that it is illegal for a person under the age of 18 to legally consent to sexual activity. An adult who therefore engages in sexual conduct with a minor can therefore be charged with statutory rape, even if the minor is a willing… Read More »
How Does The “Presumption Of Innocence” Actually Work?
We are all familiar with the concept of “innocent until proven guilty.” Indeed, it is the bedrock of our entire criminal justice system. But what does it mean in practice? Or to put it another way, how does the presumption of innocence work when it comes to a real criminal trial? The Burden of… Read More »
Can A Judge Revoke My Probation Based On Secondhand Information?
Many Florida criminal sentences include a term of probation. This means the defendant is not in prison but they can only remain free if they abide by certain conditions set by the court. If a law enforcement officer has reason to believe a defendant is not meeting their obligations, they can file an affidavit… Read More »
When Can The Prosecution Appeal A Criminal Sentence In Florida?
If you are acquitted by a jury in a criminal trial, the prosecution cannot appeal the verdict. But what if you are convicted and the judge decides to impose a more lenient sentence than the prosecution wanted? Can the state appeal that decision? Florida Appeals Court Orders New Sentencing Hearing for Man Convicted of… Read More »
How You Can Lose Your Property Even If You Are Never Charged With A Crime
It is common practice for federal prosecutors to seek forfeiture of property believed to be connected to criminal activity. Sometimes forfeiture proceedings are part of the underlying criminal prosecution of the individual defendant. But there is also civil forfeiture, where the government technically sues the property itself rather than the owner. Civil forfeiture does… Read More »
Altercation At Florida Music Festival Leads To Aggravated Battery Conviction
Many crimes are not the result of careful or calculated planning. They are just as often the consequence of a person suddenly losing control. Say you get into a verbal argument with someone. In and of itself, that is not a crime. But if in the heat of the moment you get so angry… Read More »