Author Archives: Jay Butchko
Civil Rights Concerns Exacerbated After Local Police Provided With Military-Grade Weapons
On August 28, President Trump signed an order mandating that the U.S. military provide access to grenade launchers, high-caliber weapons, and other military gear to local police departments, igniting concerns from civil rights groups when it comes to police officers violating the public’s constitutional rights. Attorney General Jeff Sessions has also been steadily increasing… Read More »
Department of Justice Opens Criminal Investigation into SeaWorld
The U.S. Department of Justice recently announced that it has launched a criminal investigation into the company SeaWorld based on a 2014 lawsuit filed by SeaWorld investors, who claim that the company lied to them about the financial impact of the documentary “Blackfish” (i.e., that the company committed fraud insofar as providing misinformation to… Read More »
Is the Department Of Justice Taking Another Look At The Use Of Forensic Science In Criminal Cases?
In spite of actions taken in April by Department of Justice Attorney General Jeff Sessions announcing that the Department was disbanding the National Commission on Forensic Science and thus suspending its review of closed cases for evidence of inaccurate or unsupported statements by various forensics analysts, on August 7th, the Department gave some indication… Read More »
Two Recent Cases Highlight Important Role Intent Plays In Fraud & Conspiracy Charges
Two cases during the first week of August highlight just how difficult it can be when it comes to convicting individuals for fraud within white collar crimes: As the New York Times covered in “A Lie Might Not Always Be a Crime,” while the jury convicted Martin Shkreli for defrauding investors, for example, the… Read More »
Florida Bill Seeks To Expand Scope & Penalties for Hate Crimes
A bill that’s been introduced in Florida’s legislature would increase criminal penalties for hate crimes, or all crimes “evidencing prejudice.” Specifically, any crimes like these committed against law enforcement officers or other emergency worker would turn what is otherwise a first-degree misdemeanor into a third-degree felony. While tougher penalties are already in place to… Read More »
Justifiable Homicide & Use of Lethal Force in Florida
A new study indicates that Florida has experienced a 75 percent increase in justifiable homicides since its ‘Stand Your Ground’ law went into effect. Specifically, between 1999 and 2005, lawful homicides accounted for approximately 3.4 percent of all homicides in Florida (compared to an average of 8.7 percent between 2006 and 2015). The right… Read More »
Plea Bargains & Your Sixth Amendment Rights: What You Need To Know
On August 21, Courthouse News Service covered an important story regarding the pervasive lack of counsel in some of the nation’s lowest courts, and what a significant issue this has become in terms of violating individuals’ Sixth Amendment right to counsel. In many of these courts, prosecutors negotiate with defendants who represent themselves and… Read More »
Where Is The Line Between Free Speech And Crime?
Protests in Charlottesville have held recent headlines, particularly when fatalities resulted from the violence. While American citizens enjoy the right to free speech as well as the right to freedom of association, this rally quickly exploded into taunting, shoving, and brawling, prompting the governor to declare a state of emergency and call in the… Read More »
Restoring Ex-Felons’ Voting Rights in Florida
A new civil rights campaign is underway in Florida: An effort to end Florida’s felon disenfranchisement law by changing the state Constitution via a November 2018 ballot initiative. Florida is one of only three states where felony convictions permanent strip ex-felons of their voting rights, regardless of the crime and the time done. It… Read More »
Florida Juvenile Lifers Linger In Prison In Spite Of Mandate to Have Sentences Reviewed
Despite Supreme Court rulings calling for reconsideration, hundreds of inmates in Florida who were juveniles when they committed crimes are currently waiting for their day in court (arguably in violation of their civil rights). Two Supreme Court rulings previously established that it is unconstitutional to impose mandatory life sentences without a chance for parole… Read More »
Forgery Charges in Florida
The state of Florida takes accusations of forgery and forgery-related offenses extremely seriously. The state has criminalized forging documents and creating devices used for forgery. According to Florida law, an individual commits forgery when they alter, forge, counterfeit, or produce false documentation with the intent of defrauding another person. If you are being investigated… Read More »
Understanding the Different Types of DUI Charges in Florida
According to the Florida Department of Law Enforcement, there are nearly 50,000 DUI arrests on an annual basis. In the state of Florida, charges associated with driving under the influence (DUI) are often lumped into the singular term of “DUI”. However, many people may not know that there are numerous types and levels of… Read More »
Understanding the Appeals Process in Florida
In 2016 there were over 700,000 arrests for alleged crimes across the state of Florida. While many of these individuals were let go or ultimately acquitted, a large percentage of these were convicted of the crimes they were arrested for. A criminal conviction of any crime is felt as a crushing blow, however it… Read More »
Public Outcry Over Drowning Video Could Land Florida Teens in Jail
Five Florida teens, ages 14-16, are now facing criminal charges after failing to help a drowning man, who they evidently filmed while drowning. While Florida does not have any laws which require bystanders to obtain assistance for anyone in distress, indications are that local prosecutors feel compelled to make an example of the teens… Read More »
Florida Man Faces Criminal Charges after Migrants Found Dead In Tractor-Trailer
On July 24th, the U.S. Lawyer’s Office for the Western District of Texas announced that a criminal complaint would be filed against 60-year-old Florida man James Matthew Bradley for his alleged involvement in the death of nine people who were found in a tractor-trailer in Texas. Nine were discovered dead at the scene; 39… Read More »
Your Cellphone & The Police: What You Need to Know
Statistics suggest that nearly 95 percent of Americans now own a cell phone. This staggering figure would have seemed impossible even a decade ago, but now almost every American relies on their phone to stay in touch with the world. With the vast majority of individuals in this country using cellphones, numerous issues have… Read More »
Drug Trafficking Charges
It is estimated that over $50 billion in drugs are trafficked in the United States every year. As such, it comes as no surprise that all levels of federal and state law enforcement are perpetually searching for individuals trafficking illegal substances. The Florida state government and the United States federal government are both heavily… Read More »
Bribery Conviction in Florida
Across the country, it is increasingly common for Americans to hear about public officials who have been charged with bribery. However, few Americans grasp the severity of this criminal act. It is one of the easiest crimes to turn a blind eye to and call it a “victimless crime”, although this could not be… Read More »
Teens Need Criminal Defense Lawyers Too
It surely does not come as a surprise to anyone, but teens get in trouble too. A joke can be taken too far, or a prank can result in damages. While the nature of juvenile charge may seem benign, the repercussions of a juvenile conviction can have life-altering consequences. Across the state of Florida… Read More »
Appeals Court Denies Potential Fourth Amendment Violation
In a recent civil rights dispute, a United States Court of Appeals ruled in the case of United States v. Vargas. In a traffic stop in Alabama, a police officer discovered methamphetamine and cocaine in the vehicle of the defendant, Oswaldo Vargas. Mr. Vargas was ultimately charged with “conspiracy to possess with intent to… Read More »
Disorderly Conduct in Florida
Under most circumstances, people try to be the best version of themselves while out and about in public, however, there are instances where things may get out of hand and law enforcement may be called to diffuse the situation. If police believe that your behavior was too out of line you may be charged… Read More »
Understanding the Legal Limit
The state of Florida has accumulated almost 10,000 DUI-related deaths since 2003. With all the ad campaigns and educational material available regarding the dangers of driving while under the influence of alcohol or drugs, this figure is particularly shocking. Most Americans have been inundated with the idea of not operating a vehicle when they… Read More »
Domestic Violence Charges in Florida
In the state of Florida alone, there are over 100,000 incidents of domestic violence reported annually across the state. While certainly an appalling figure, it should be pointed out that due to the nature of the crime it is likely that this figure actually underrepresents the actual amount of annual domestic violence occurrences across… Read More »
Marijuana Defense in Florida
A recent study has revealed that marijuana arrests across the country have far outnumbered arrests for violent crimes. In fact, in 2016 there were nearly 70,000 more arrests for marijuana charges than arrests made in connection to violent crimes. This includes crimes like rape, assault, and murder. Many use these alarming statistics to highlight… Read More »
Programs Designed To Help You Avoid Conviction
The Florida legal system understands that nobody is perfect and mistakes happen; indeed, they understand that good people make bad choices that can lead to conflicts with the law. Fortunately, our state legal system recognizes this, and offers certain offenders another chance. The Florida court system has various programs in place that allow offenders… Read More »
