Author Archives: Jay Butchko
Reducing Your Criminal Sentence
It is common to hear that an individual “worked with police” in order to receive leniency during sentencing. While the idea of “working” with the police may be a bit of a misrepresentation, it is common for individuals to have a lesser or reduced sentence because of useful information they provide police. The exact… Read More »
Understanding Forfeiture Cases
The state of Mississippi recently made news when they announced that they will begin keeping track of every asset that is forfeited to the state. Starting July 1, 2017, the state will begin to track anything that is taken by the police due to its connection with criminal activity. This plan was passed by… Read More »
Court of Appeals Upholds 50 Year Sentence for Child Porn
The United States Court of Appeals recently upheld the 50-year sentence for a man convicted on child pornography charges. The defendant, Douglass Scheels, was charged and ultimately convicted of one count of receipt of child pornography and one count of production of child pornography. The district court imposed the 50-year sentence after determining that… Read More »
Can Florida Lawmakers Reduce Distracted Driving?
By now everyone is aware as to just how dangerous distracted driving can be. Even a few seconds of distraction can lead to severe injury or death. Traffic accidents are the leading cause of death among those who suffer from unintentional injuries, accounting for nearly 35,000 deaths annually in the United States alone. Traffic… Read More »
What To Do If You Are Facing Tax Evasion Charges
Tax evasion is a unique crime and can often sneak up on those accused. Filing your taxes can be confusing and complex, especially for those who are handling substantial amounts of assets and debts. In the event that you are being investigated for tax evasion, it is critical that you take the situation seriously… Read More »
Technical Violations of Probation
Far too often people to try brush off technical violations of probation as a minor infraction with no real repercussions. However, time and time again, these same people will have these seemingly “meaningless” infractions come back to hurt them. Some of the most common ways a technical violation occurs include when someone fails to… Read More »
Your Record May Not Be As Clean As You Think
Many residents of the state of Florida are often surprised to find that their criminal record may not be as clean as they thought it was. Often, people believe that if they have not been convicted of a crime their record is clean. And in many cases these same people may have even been… Read More »
Are You Considering A Plea Deal?
Any criminal charge is based on evidence that law enforcement has compiled that potentially implicates your involvement in a crime. As most people know, if allegations are not supported by evidence the charges will not survive. However, the biggest concern for those being investigated or charged with a crime is just how accurate the… Read More »
Can Police Search Your Car’s “Black Box”?
A Florida appeals court recently ruled on a unique case regarding a dispute over a vehicle’s black box data. Typically black boxes contain information related to the vehicle’s speed, braking, and steering at the time of a collision. Police in the case downloaded information related to the incident without a search warrant, however, the… Read More »
“Car-Hopping”: A Serious Offense in Florida
In the last year, the crime of car-hopping has been on the rise across the state of Florida. Typically car-hopping involves going from vehicle to vehicle in a neighborhood or parking lot and checking the cars to see if their doors are unlocked. When an opened vehicle is discovered the individual will typically take… Read More »
Business Opportunity Fraud in Florida
In the United States, there is heavy state and federal regulation on the selling of fake jobs or other revenue promising opportunities. Perpetuating false claims of this nature is known as business opportunity fraud. Typically, business opportunity fraud involves marketing false occupations or grants in an attempt to generate profit from an unwitting individual…. Read More »
Florida Senate Approves “How to Get Away With Murder Bill”
The Florida state senate has voted to approve Senate Bill 128 (SB 128) regarding self-defense immunity cases. The bill aims to shift the burden of proof in self-defense cases, also known as “stand your ground” cases. SB 128 passed with a 23-15 vote, however, the bill has been met with harsh backlash as detractors… Read More »
What You Need To Know About Marijuana in Florida
On November 8, 2016, residents of Florida voted in favor of Amendment 2, commonly referred to as the medical marijuana amendment. The legislation went into effect on January 3, 2017, however, rules and enforcement of the new legislation are still murky. It is understood that this amendment opens the door for cannabis use for… Read More »
The Consequences for Driving on a Suspended or Revoked License in Florida
In Florida, a judge typically has good reason to suspend or revoke a person’s driver’s license, so when that person is caught driving on a suspended or revoked license, they face a range of criminal consequences. These penalties can include up to five years in prison and up to $5,000 in fines. Because of… Read More »
Family of Cleveland Police Brutality Victim Wins $2.25M Settlement
In Nov., 2014, a mentally ill woman was brutalized by two Cleveland, OH police officers and killed as a result. According to her family, officers Scott Aldridge and Bryan Myers were called into the family home when 37-year-old Tanisha Anderson, who suffered from schizophrenia and bipolar disorder, was in the midst of an alarming… Read More »
Can Florida Prosecutors Seek The Death Penalty?
Since the January 2016 Supreme Court ruling in Hurst v. Florida, death penalty legislation in Florida has been in a state of uncertainty. The Supreme Court ruled Florida’s capital punishment sentencing laws are unconstitutional, noting that judges in the state have too much power in determining a sentence. The ruling has essentially put all… Read More »
Prominent Florida Eye Doctor Faces 610 Years in Prison for Alleged Medicare Fraud
Medicare fraud has become a huge problem in the U.S. in the past decade, with a reported ___ cases. Just recently, on March 9, the long-awaited trial began for prominent West Palm Beach eye doctor, Salomon Melgen. According to sources, Melgen stole millions of dollars from the Medicare system between the years 2008 and… Read More »
Is Handwriting Analysis Admissible Evidence?
In 2000, a woman named Susan Berman was found dead with a gunshot to the back of the head. Shortly after the murder, an anonymous individual sent a card to the police telling them that there was a body in Berman’s home. She was found, but her murder remained unresolved, as there was no… Read More »
Discipline or Abuse? The Fine Line Parents Must Walk When Raising a Child
According to the FIU College of Education Child Abuse Tutorial, there were 50,239 confirmed victims of child abuse in Florida in 2010. With reports of child abuse so common, it begs the question: what exactly is considered child abuse? In 2014, former NFL running back, Adrian Peterson, was accused of abusing his then four-year-old… Read More »
What to do When You Are the Victim of Dental Misconduct
In 2013, a dentist in Oklahoma was stripped of his license and certifications for creating what dental health board officials called “the perfect storm” for HIV, hepatitis exposure, and other life-altering infections. According to officials, W. Scott Harrington committed a number of violations, including allowing assistants to perform techniques that only dentists are qualified… Read More »
Know Your Rights Regarding Police Brutality & Excessive Force
Police officers are supposed to protect and serve, but too often these days we hear about an officer who shot an unarmed victim, or an officer who was unnecessarily brutal with a suspect. Unfortunately, those officers are hardly ever reprimanded, and the incident is brushed under the rug to be forgotten about. For victims… Read More »
What is Jury Misconduct, and How Can I Fight It?
If you were convicted of a crime that you did not commit, and if you believe that the jury had something to do with the verdict, you may file an appeal on the grounds of “jury misconduct.” Jury and juror misconduct does not occur often, but that does not mean that it does not… Read More »
Your Defense to False Accusations of Rape in Miami
Though rare at just two to ten percent, false accusations of rape do happen. When they do, the person falsely accused is still run through the ringer, and more often than not, convicted despite his innocence. At The Baez Law Firm, we are here to protect individuals that are falsely accused of any crime,… Read More »
It Does Not Pay to Embezzle: Your Defense to Embezzlement Charges
On Monday, Feb. 13th, long time manager of Harriet Tubman Terrace apartments in Poughkeepsie, Carl Immich, was found guilty of embezzling more than $150,000 from the federally subsidized complex. On Oct. 5th of last year, he plead guilty to the charges of two counts of embezzlement of over $5,000, and on April 13th, he… Read More »
Making a False Statement to the Government
On Friday, Feb. 3, a Florida man plead guilty to making false statements to the government. According to local news sources, John Haskew of Lakeland told authorities that “Jesus Christ created wealth for everyone,” which is why he felt compelled to make $7 billion in illegal transfers. Haskew reportedly needed to pay off a… Read More »
