Author Archives: Jay Butchko
Defending Yourself Against the Claims of Orlando Insurance Fraud
Insurance fraud occurs when an individual – or sometimes a group of people, as in the case of the $1 billion Medicaid scheme uncovered earlier this year – deliberately deceive an insurance company to receive money to which they are not actually entitled. Insurance fraud is illegal in all 50 states, and depending on… Read More »
Understanding Florida’s Second Degree Murder Charges
There are varying degrees of murder in Florida, including first degree murder, second degree murder, third degree murder, manslaughter, and aggravated manslaughter. Each is devastating, yet how the courts determine the degree of murder (and therefore, the punishment) all depends on the circumstances under which the individual was murdered, and the state of mind… Read More »
Your Defense to Assault with a Deadly Weapon in Florida
What is commonly referred to as “assault with a deadly weapon” in other states and on the big screen is, in Florida, legally referred to as aggravated assault. Under Florida Statute 784.021, aggravated assault is an assault: With a deadly weapon without the intent to kill; or With an intent to commit a felony…. Read More »
What to Do When You’re Considered an Accessory to Murder in Florida
Discounting third degree murder (unintentional manslaughter), murder in Florida is a crime punishable by the following under Florida state law: No less than 10 years for a murder of the second degree if the offender had no prior record; A minimum of 25 years if a firearms was used for a murder of the… Read More »
When a Child Might Be Charged As an Adult in Florida
According to the Marshall Project, Florida leads the nation in charging minors as adults, and transfers on average 164.7 out of every 100,000 juvenile cases to the adult courts. From 2010-2015, over 12,000 minors were transferred to face adult charges, with a whopping 60 percent for non-violent crimes – including drug and marijuana possession… Read More »
Florida’s Statutory Rape Laws & The Age of Consent
“Statutory rape” refers to the illegal sexual relations between a minor – or someone below the age of consent – and an individual of age. In Florida, the age of consent is 18. Persons below the age of consent cannot legally consent to having sex, which means that anyone over the age of consent… Read More »
Proving Defamation By a Former Employer in Orlando
When someone says something bad and/or untrue about another individual, it is considered gossip, and is not looked at as an illegal offense. However, when a false statement is made for the sole purpose of tarnishing someone’s reputation – especially in the professional sense – the statement is no longer considered just “gossip,” but… Read More »
Florida’s Heroin Problem Leads to Harsh Punishments for Possession of the Drug
Possession of heroin is a serious offense in any state, but considering Florida’s history with drug crime and the violence that comes with it, Florida has cracked down on heroin possession – and the possession of any illicit substance, for that matter – in recent years. Believed to be because of its close proximity… Read More »
What Constitutes as Involuntary Manslaughter in Florida?
It happens in car accidents, self-defense cases, or reckless criminal negligence—a person will act in some haphazard way and with a wanton disregard for others, when they accidentally kill another human being. The negligent person will panic, certain that they are going to prison for life for murder. While the taking of another human… Read More »
Defenses to Buying Alcohol for a Minor in Florida
Contributing to the delinquency of a minor in Florida (CDM) is a very serious charge that comes with very serious consequences, especially if your contribution is in the way of alcohol. Buying alcohol for a minor is not only illegal, but it comes with a unique set of risks. For instance, if the minor… Read More »
Your Aggressive Defense to False Domestic Violence Charges
Domestic violence is a very serious, very real problem that plagues the United States. Each year, an estimated 1.7 million domestic violence restraining orders are issued, while there are an additional 1.2 million domestic violence restraining orders active at all times. Domestic violence restraining orders are meant to protect, but what happens when they… Read More »
A False Arrest is a Violation of Your Civil Rights
Back in June of 2013, 76-year-old Rosemary Brackett was just leaving the post office after a routine trip to drop off mail when a car pulled up and blocked the entrance. She made a quick maneuver to avoid the collision and to let the other driver exit first. While her moves may have been… Read More »
Understanding Simple Battery in Miami, Florida
In the state of Florida, simple battery is a misdemeanor of the first degree, as simple battery does not involve the use of aggravating factors, such as weapons, serious bodily injury, or domestic violence. Under Section 784.03, Florida Statutes, simple battery is defined as: The actual and intentional touching or striking of another individual… Read More »
Bringing a Civil Suit Against a Bad Dentist in Miami, Florida
According to Colgate, as many as 15 percent of Americans fail to visit the dentist because of fear. Another study suggests that as many as half of American adults suffer from some degree of dental phobia, but manage to push their fears aside to receive an annual cleaning and any other treatment they may… Read More »
An MIP Can Negatively Affect Your Future: How to Drop the Charges and Learn From Your Mistakes
Underage drinking is a pervasive problem in the United States, with over 10.8 million minors contributing to the nation’s overall alcohol intake. Each year, approximately 5,000 individuals die as the result of underage drinking, with the cause of death ranging from DUI crashes to suicides, falls, burns, and other accidents. In Florida, underage drinking… Read More »
Recovery for Wrongful Death in Miami, Florida
The death of a loved one is never easy to cope with, but when that death is the result of negligence on the part of another individual or entity, their death can be even more difficult to deal with, especially as all of the “what ifs” begin to plague you. “What if they did… Read More »
Consequences for Tax Evasion
There are two certainties in life: death and taxes. And while most individuals have accepted both, there are a few out there who refuse to accept that they must pay a percentage of their hard earned paycheck to the government. These individuals go beyond taking the standard legal deductions used to minimize their tax… Read More »
Understanding How Forensic Science is Used in a Criminal Investigation
Forensic science is one of the most important aspects of any criminal investigation, as it can allow the authorities to do everything from positively identify a suspect in a crime to determine exactly when and how a crime occurred. According to the National Institute of Justice, forensic science is the application of sciences to… Read More »
If You Make It, the Feds Will Come: Florida’s Drug Manufacturing Laws
Drug possession charges are extremely serious in the state of Florida, with penalties ranging from one year to life in prison. Most drug possession charges—meaning the individual was merely holding the substance and had nothing to do with its manufacturing or distribution—are considered third degree felonies in the state of Florida, although possession of… Read More »
The Seriousness of a Witness Tampering Charge in Miami, Florida
If you have been charged with a criminal offense, it may be your first instinct to ask close friends and family members to “vouch for you,” or to give you an alibi. If they say that they cannot lie for you, you may ask them to not take the stand, or even threaten them…. Read More »
Criminal Charges Dropped Against Paraplegic Man Accused of Robbing UPS Driver and Running Away
Eyewitness testimony is notoriously unreliable. According to The Innocence Project, hundreds of scientific studies performed over several decades have established that eyewitness testimony is often inaccurate and can be influenced by the ways in which victims are asked to identify perpetrators – for instance, through presentation of skewed photo arrays. This was apparently the… Read More »
Can Police Search Your Car Without a Warrant if They Smell Marijuana?
The right to be free from unreasonable governmental searches is protected by the Constitution’s Fourth Amendment. As a general rule, any search performed without a search warrant is presumed to be unreasonable – but there are many exceptions to this rule. For example, if you are pulled over while driving for a minor traffic… Read More »
Innocence, Remorse, and Sentencing
Our criminal justice system is based on a presumption that anyone accused of a crime is innocent until proven guilty beyond a reasonable doubt. Additionally, any defendant has the right to insist that he or she is innocent and force the state to prove its case, as well as the right not to be… Read More »
Sealing or Expunging a Criminal Record in Florida
If you have been arrested for a crime, even if the charges were dismissed, you have a criminal record. A criminal record can cause you difficulties in finding work, renting an apartment, obtaining credit, and other important tasks. Under certain circumstances, however, you can protect yourself by having your record sealed or expunged. Sealing… Read More »
Supreme Court Rules Prosecutors Violated Constitution in Striking all Blacks from Jury
The ABA Journal reports that the Supreme Court recently ruled in favor of a Georgia death-row inmate who argued that prosecutors at his criminal trial violated his Constitutional rights when they eliminated all prospective black jurors from the jury pool in his case. In Foster v. Chatman, the Court found that prosecutors’ use of… Read More »
