Author Archives: Jay Butchko
More Police Misconduct in Florida: Deputy Grabs Minor Female by The Head
News headlines have recently been dominated by news covering an Orlando deputy sheriff who was fired after being caught on video pulling a minor’s head back as he took her into custody. According to body camera footage, the deputy not only physically assaulted the young woman, but he also called everyone gathered around them… Read More »
Judge Temporarily Blocks Florida Law Eliminating Ex-Felon’s Right to Vote Due to Outstanding Fees
In late October, a Florida judge temporarily blocked the new law that prevents ex-convicts from voting in the state until they have paid all fines fees and restitution; a law that has been called a “poll tax” by a number of civil rights advocates. According to the judge, the law could very well be… Read More »
Criminal Defense Attorneys File Petition for U.S. Supreme Court to Review Adnan Syed’s Case for The Sake of Defendants’ Rights Around the Country
The US Supreme Court was recently petitioned to review the case and of Adnan Syed, the subject of the popular podcast “Serial”. According to a number of criminal defense attorneys, not only was Syed (the defendant) not provided with proper representation when it came to investigating unbiased credible alibi witnesses, but the recent decision… Read More »
The Time Is Now for Florida & Other States to Protect Citizens Against an Intrusion of Our Rights by Facial-Recognition Technology
According to the number of experts, facial recognition technology – such as Amazons artificial intelligence tool “Rekognition,” which is used by a number of law-enforcement agencies – is currently the biggest threat to our privacy and civil rights. The systems identify you by matching your facial dimensions against a giant database of photos. The… Read More »
The U.S. Supreme Court Will Hear a Case That in Instrumental in Our Fourth Amendment Rights Staying Protected
The US Supreme Court will soon hear a case that could have drastic impacts on our Fourth Amendment rights when it comes to police being able to pull people over due to reasonable suspicion. Specifically, the Court will decide whether pulling someone over if a police officer runs a car’s plates and it shows… Read More »
Will Florida’s Ban On Handheld Devices While Driving Lead to More Racial Profiling?
A number of new bans will become effective here in Florida as of October 1. This includes a ban on texting while driving, as well as drivers are using wireless devices at all while driving in school zones, school crossings and work zones. This means that, legally, drivers can only speak on hands-free devices… Read More »
Florida Man Charged with Animal Cruelty for Dragging Shark Given 10 Days in Jail
One of the men in Florida who was charged two years ago with felony counts of aggravated animal cruelty after helping to drag a shark to its death was recently sentenced to jail for 10 days, which the court found could be served on the weekends. In addition to the video of dragging the… Read More »
Florida Push for Strict New Gun Ban Has Some Concerned
Here in Florida, gun control advocates are seeking to pass a ban on semi-automatic rifles with high capacity magazines. The initiative in Florida proposes to outlaw any shotguns (” assault rifles”) capable of holding more than 10 rounds of ammunition in a detachable or fixed magazine and all new semi automatic rifles, and is… Read More »
U.S. Supreme Court to Consider Survival of Insanity Defense
The U.S. Supreme Court kicks off its new term on October 7, and has several “blockbuster” criminal law cases that raise significant questions for criminal defendants. Kahler v. Kansas The first of those cases–Kahler v. Kansas–considers the constitutionality of a state statute that one criminal defendant (Kraig Kahler) argues abolished the insanity defense (while… Read More »
Florida’s ‘Stand Your Ground’ Defense Forever Changed by Deadly Parking Lot Trial
In October, Michael Drejka – the criminal defendant at the heart of the Florida stand your ground federal parking lot shooting case – was sentenced to 20 years in prison. Drejka shot Markeis McGlockton, who was unarmed, while he was backing away after a physical dispute arose with regard to parking in a handicapped… Read More »
American Bar Association Votes Against Recommending Affirmative Consent Standard to States, Dodging Serious Civil Rights Concerns in Sexual Assault Cases
In August, the American Bar Association rejected a resolution that would have recommended that the states change what is known as the affirmative consent standard, which governs what is considered sexual assault. Specifically, the resolution called for consent to be defined as someone giving consent “expressed by words or action in the context of… Read More »
The Importance of Preventing Wrongful Convictions
There is no question that one of the most important jobs of criminal defense attorneys is to protect people’s constitutional rights, and this includes preventing wrongful convictions. This is especially the case given that the death penalty is often applied when it comes to murder convictions; warranting a speedy exoneration. What Has Led To… Read More »
Police Now Arresting Juveniles & Charging Them with Felonies for Certain “Jokes”
Following the shootings at numerous high schools in Florida, in late August, police arrested a Florida teen for making an online threat to shoot up his high school in a video game, and are now charging him with a felony (second- or third-degree). While police are understandably under a significant amount of pressure to… Read More »
Florida Moves Towards Decriminalizing Possession of Marijuana, Regardless of Intended Use
Legislation was recently filed in Florida to decriminalize the possession of certain amounts of marijuana. Specifically, the bill would reduce criminal penalties for possessing 20 grams or less and/or products containing 600 mg or less of THC and any juveniles arrested for possessing these amounts would be eligible for a civil citation and diversion… Read More »
Florida Passes Red Flag Law Allowing Law Enforcement to Seek Weapon Seizure If Someone Is Suspected of Being A Threat
Florida lawmakers recently passed what’s known as the “red flag law” (or Risk Protection Act) in Florida, allowing law-enforcement agencies to use their discretion in seizing firearms from someone if they believe that that individual poses a threat to themselves or others. According to the Florida Department of law-enforcement, statewide, there have been more… Read More »
Administration Announces the Return of Federal Executions
In late July, Attorney General Barr announced the reinstatement of the federal death penalty, even as there are growing movements at the state level to repeal the death penalty due to such issues as proven inaccuracy (i.e. wrongful convictions), deep racial biases, and fiscal irresponsibility. Looking at the data creates cause for alarm: Just… Read More »
Will Florida Finally Decriminalize Recreational Marijuana?
Now that medical marijuana dispensaries are becoming almost commonplace in Florida, a number of people have turned their sights towards constitutional amendments to decriminalize recreational marijuana on the 2020 ballot. Like national trends, the majority of Florida voters have indicated that they would support a ballot measure legalizing (decriminalizing) recreational marijuana. In order to… Read More »
Know That, As A Whistleblower, You Could Face Criminal Prosecution
We’ve discussed the importance of whistleblower lawsuits before – especially when it comes to highlighting misconduct in the criminal justice system – as well as ensuring that whistleblowers are protected against retaliation. Unfortunately, most people are not prepared for the potential legal repercussions that can occur when they expose misconduct within the government or… Read More »
Civil Rights Lawsuit Filed Against Florida’s Ban On Sanctuary Cities
On July 16, Florida’s Attorney General and governor were sued by several organizations, businesses, and cities in Florida, challenging the law passed banning sanctuary cities and forcing police to enforce federal immigration law. The complaint filed alleges that the law implicates civil rights violations, racial profiling, and unjust deportations due to the what is… Read More »
State Supreme Court Rules in Defense’s Favor, Ordering Social Media Companies to Turn Over Private Messages
We have previously discussed the challenges involved with obtaining social media evidence, in large part due to the Stored Communications Act. However, the California Supreme Court heard an important case earlier this year that addressed whether or not criminal defendants could obtain both public and private social media posts in order to prepare the… Read More »
Florida’s New Hemp Law Has Completely Transformed Marijuana-Related Arrests & Prosecutions
While Florida’s new hemp law that recently went into effect technically made possession of hemp legal up to .3 percent THC, according to the latest reports, because there is no way for police to tell the difference between hemp and marijuana, this is affecting arrests, seizures, and criminal prosecutions throughout the state. Specifically, some… Read More »
Florida Appellate Court Finds That State’s Restrictions On Medical Marijuana Businesses Are Unconstitutional
On July 9, a Florida appellate court issued a ruling holding that the state’s regulatory system set up for medical marijuana limiting which businesses were allowed to process and sell the substance was unconstitutional and inconsistent with Amendment 2, which passed years ago and legalized medical marijuana. Specifically, first District Court of Appeal held… Read More »
Florida Governor Expected to Sign Bill Making It Difficult for Ex-Felons to Vote
In May, Florida governor Ron DeSantis indicated that he would sign a bill that requires all ex -felons in the state to first to pay all financial obligations before they have their right to vote restored under Amendment 4, which was passed by an overwhelming number of Floridians last year. Critics of the bill… Read More »
Florida Misses Opportunity to Take Meaningful Steps Towards Criminal Justice Reform
In May, unfortunately, Florida missed out on a huge opportunity to enact significant criminal justice reform. Instead of passing Senate Bill 642–which would have reversed the mass incarceration policies that began throughout the state in the mid-1980s as a result of the state legislature imposing minimum mandatory sentencing for nonviolent drug crimes–unfortunately, the state… Read More »
New Research Indicates That Only Two Percent of Those Charged with Federal Crimes Go to Court, And Most Are Convicted
According to the data recently collected by the federal judiciary and analyzed by the Pew Research Center, trials and acquittals are becoming more and more rare when it comes to federal criminal charges. Specifically, during the 2018 fiscal year, close to 80,000 people were defendants in federal cases, and only two percent of them… Read More »
