Author Archives: Jay Butchko
Juvenile Shoplifting Charges in Florida
Unfortunately, many teens tend to “dabble” in illegal activities, one of the most popular of which is shoplifting. Categorized as petty theft and burglary under Florida Statute, Chapter 812, juvenile shoplifting is considered a criminal offense for which the offender can face juvenile charges. If found guilty, the juvenile offender then becomes a juvenile… Read More »
Can a Misdemeanor be Changed to a Felony?
In the United States, criminal offenses are separated into two categories: felonies and misdemeanors. Most people are aware that misdemeanors are far less severe, and come with lesser consequences, than felonies. However, not many people are aware of the fact that a misdemeanor can be changed to a felony and vice versa. Once you… Read More »
Girl Raised by her Kidnapper Found 18 Years Later; Mother Faces Life in Prison
Eighteen years ago, South Carolina resident Gloria Williams experienced a miscarriage, a devastating event to say the least. One week later, she was seen roaming the halls of the Fort Lauderdale hospital’s maternity ward. Posing as a nurse, she sat by the side of Shanara Mobley, only 16 at the time, and pretended to… Read More »
Crime & Punishment of Looting & Criminal Mischief in Florida
In light of recent events at President Trump’s Inauguration in DC, our lawyers feel that it is a good time to discuss criminal mischief. Under Florida law, criminal mischief occurs when a person knowingly, willfully, and maliciously causes damage to any property belonging to another person or entity. Looting – something that has been… Read More »
Fleeing & Eluding Law Enforcement in Miami, Florida
Fleeing and eluding law enforcement is illegal in every state, and is an offense that comes with varying degrees of criminal penalties. Depending on the degree of the crime, eluding law enforcement can result in a mandatory adjudication of guilt and driver’s license suspension. Eluding law enforcement typically occurs when a driver of a… Read More »
What to do When Your Child is Arrested for Drug Possession
When your child is arrested for drug and alcohol related offenses, it can have serious repercussions on their future. For the possession of some substances, the related punishment is time in juvenile detention. For the possession of other, more serious substances, your child may be tried as an adult and face considerable time in… Read More »
Proving Self-Defense in a Murder Case
On February 26, 2015, Susan Joy Jacobson murdered her common-law husband, Marvin Neal James, during what she claimed was another episode of domestic violence. According to Jacobson, James kicked her then pregnant belly. After a brief struggle, she got up and, in what she thought was a race, ran to get James’ gun. She… Read More »
Phone Passcodes No Longer Safe in a Florida Court of Law
In 2014, a Virginia District Court ruled that phone passcodes were protected by the Fifth Amendment, while fingerprint IDs were not. The court’s reasoning was that those accused of crimes could not be compelled to incriminate themselves. In 2015, the federal district court in Eastern Pennsylvania upheld that ruling. Recently, however, a Florida state… Read More »
Is the Justice System Really All That Just in Florida?
In 2008, Chase Legleitner of Martin County was charged with two counts of armed robbery for participating in the ambush and mugging of three men during a drug deal. At 19 years old and with a single misdemeanor on his record, he was sentenced to a little less than two years in county jail…. Read More »
Is an Online Threat Protected by the First Amendment?
On December 22, a man was arrested for making online threats against then President-Elect, Donald Trump. 59-year-old Kevin Keith Krohn of Broward County posted the following message to Facebook: “I’m just glad Obama didn’t take all our gunz! I see a good use for one now. He’s not my president. He’s an enemy of… Read More »
What Constitutes As Fraud Under Florida Law?
Fraud is the purposeful falsification of information, the perversion of the truth, or the false representation of a matter of fact. In essence, fraud is lying, but on a grand scale. Under Florida law, an individual commits fraud when they conceal information that should not have been concealed, when they purposefully lie, or when… Read More »
Can I Sue for Wrongful Death in a Drunk Driving Accident?
While a drunk driver in Florida will always be subject to criminal charges and penalties, state law makes it difficult for victims of drunk driving accidents to sue for losses and damages. Florida is a no-fault state, meaning that drivers are required to cover their own damages and losses in the event of an… Read More »
Getting Your Name Off the Orlando Sex-Offender List
When an individual hears the term “sex offender” they automatically associate it with rapists and child molesters. However, there are many “sex offenders” out there who are guilty of nothing more than now-legal sex acts such as sodomy or oral sex, or even of having sexual relations with a partner that was no younger… Read More »
What To Do When You Are Arrested On Vacation In Florida
While half of the country is blanketed in snow a good quarter of the year, Florida remains as sunny and warm as ever, making it the go-to vacation spot for mid-westerners and east-coasters alike. Like all vacationers, these individuals let their hair down and have fun. However, how much fun is too much fun?… Read More »
Do You Have Ineffective Counsel? Signs That Your Lawyer Is Not Working for You
It is every American’s Sixth Amendment right to have “the effective assistance of counsel,” which means that anyone who stands trial for a criminal conviction is legally entitled to a criminal defense lawyer that will effectively “aid in the preparation and trial of a case.” Furthermore, if an accused individual is forced to undergo… Read More »
IRS On the Lookout for Tax Fraud and Evasion this Coming Tax Season
Between March 2011 and December 2011, Orlando resident Wilson Benjamin cashed approximately $17.8 million in fraudulent federal tax refund checks. Throughout that time period, he cashed over 2,000 fake income-tax returns, 430 of which were in the name of dead people. In order to make such a feat possible, Benjamin owned and operated both… Read More »
The Difference Between Wrongful Death and Murder Under Florida Law
Capital murder. Homicide. Voluntary manslaughter. Involuntary manslaughter. In the United States, there are varying “degrees of murder,” and how an offender is sentenced all depends on the severity and intent of the crime. How and why the courts charge individuals with murder is increasingly confusing to the general public—after all, murder is murder is… Read More »
Your Defense to Credit Card Fraud Charges in Miami
More and more people pay with plastic these days than they do with cash, and as credit card usage increases, so does credit card fraud. According to a report from Barclay’s, most credit card fraud occurs in the United States, accounting for 47 percent of the world’s card fraud. In 2014, approximately 31.8 million… Read More »
Dealing With Gender Discrimination in The Workplace in Orlando, Florida
In today’s day and age, discrimination in the workplace should not be something we have to deal with, especially gender discrimination. Unfortunately, sex discrimination occurs more often than we would like to think, both blatantly and discreetly. In obvious instances of sex discrimination, a woman may be denied a promotion simply because she is… Read More »
What is Overheard During a Butt-Dial Can and Will Be Used Against You
Butt-dials are an ongoing joke with owners of cell phones, mainly because many people commit the occasional butt-dial and may be overheard saying or doing something they would not otherwise want an outsider to be privy to. While many people on the receiving end of butt-dials typically only overhear banal conversation, music, or an… Read More »
Miami Kidnapping Offenders Face the Very Real Possibility of Life in Prison
On Saturday, November 5, 2016, an Amber Alert was issued for three-year old Lee Parish after his mother’s boyfriend left his mother at a gas station when she got out to pump gas into the vehicle. The young boy was sleeping in the back seat when William James Rogers drove off with him. When… Read More »
Legal Consequences for Contributing to Florida’s Already High Identity Theft Rates
According to USA Today, the Consumer Sentinel Network (CSN) received nearly 2.6 million consumer complaints in 2014, 13 percent of which were concerning identity theft and credit card fraud. Of these complaints, fraudulent tax filings and scams involving other government documents were the most common forms of identity theft reported. Florida saw by far… Read More »
How to Avoid a Hit and Run Car Accident Conviction in Florida
Hit and run car accidents are taken very seriously these days, especially as the roads become more and more flooded with drivers, and the risk for car accidents increase every day. More often than not – so long as there is no negligence involved – a car accident merely results in some points to… Read More »
The Crime of Forgery Under Florida Law
Illegal or not, forgery truly is an art, and like all great pieces of art, there is a great story behind every forged piece. For instance, in 1962, three kids from Tennessee – all aged between 14 and 17 – were caught melting down their town soldiers to make their own coins. While they… Read More »
Stalkers Beware: Florida’s Laws On Stalking
Stalking is a very serious offense under Florida law, as well it should be. From a victim’s perspective, stalking is one of the more scary crimes that can be committed against them. Stalking not only involves an invasion of privacy, but it also incites a great deal of fear in the victim, and more… Read More »
