Author Archives: Jay Butchko
Can a Refusal to Voluntarily Provide DNA to Police be Used Against You in Court?
In 2009, Florida joined a growing number of states in requiring police to take a DNA sample from everyone charged with a felony in the state. This DNA information is to be kept in a statewide database accessible to federal, state, and local law enforcement authorities to aid in criminal investigations and help identify… Read More »
Competency to Stand Trial
Just after midnight on January 8, 2015, reports say that John Nicholas Jonchuck, Jr., dropped his 5-year-old daughter Phoebe off a freeway bridge into Tampa Bay, causing her death. Despite the fact that a police officer witnessed the act, Phoebe drowned before she could be rescued. Thereafter, Jonchuck was arrested and charged with first-degree… Read More »
Is Cyberbullying a Crime?
The U.S. government’s stopbullying.gov website defines “cyberbullying” as bullying that takes place using electronic technology. Essentially, the term “cyberbullying” describes the act of harassing, threatening or intimidating another via electronic means such as cell phones, computers, tablets, social media platforms, websites, and text messaging. This behavior is illegal in Florida, and may be cause… Read More »
What Happens When the Police Give False Testimony?
In a criminal trial, prosecutors often rely on testimony from police for a variety of reasons, from convicting a defendant to justifying a search that revealed incriminating evidence. The general assumption is that police officers on the witness stand tell the truth. But, according to an investigation by the Chicago Tribune, sometimes they do… Read More »
Florida’s Sex Offender Registry
According to the Orlando Sentinel, researchers at the Florida Legislature recently found that the number of registered sex offenders living in Florida has grown by 44 percent over the last decade. The statewide total of registered offenders is more than 26,000. Experts note that the increase in registered offenders is likely due to one… Read More »
Bail and Arraignment
For those charged with a crime in Florida, the criminal process can be confusing and overwhelming. Many of the terms lawyers use are not readily understood by those outside the justice system. Read on for more about what to expect after an arrest. Booking After a person is arrested, typically he is taken to… Read More »
Florida’s Juvenile Justice System
Florida’s criminal justice system treats children and teens differently from adults. If your child is charged with a juvenile offense, he or she will enter Florida’s juvenile justice system. The Department of Juvenile Justice (DJJ) focuses on rehabilitation above punishment. Read on for an overview of the juvenile justice process. Juvenile Court proceedings The… Read More »
Pretrial Intervention in Florida
Pretrial intervention (sometimes also called pretrial diversion) is a supervisory program similar to probation. It is administered by the State of Florida through the Department of Corrections. Under certain circumstances, if you are charged with a crime the pretrial intervention (PTI) program offers an opportunity to divert your case from the traditional judicial process… Read More »
Cleveland Settles Lawsuit with Tamir Rice’s Family
In April 2016, the city of Cleveland agreed to pay $6 million to settle a wrongful death lawsuit filed by the family of Tamir Rice, a 12-year-old boy shot by the police in 2014. According to the Washington Post, neither the city nor the officers involved admitted any wrongdoing. As the Post story reminds… Read More »
Drug Trafficking Offenses in Florida
Drug trafficking charges are far more serious than charges of drug possession. Trafficking is a felony charge that carries with it stiffer penalties and statutory mandatory minimum sentences. Anyone who “knowingly sells, purchases, manufactures, delivers, or brings into this state, or is in actual or constructive possession of” certain quantities of controlled substances or… Read More »
Florida Inmate’s Supreme Court Case Could Result in Hundreds Freed
In June, 2015, the U.S. Supreme Court struck down a portion of the Armed Career Criminals Act, a federal law that enhances the sentence for an illegal gun conviction if the defendant has at least three prior convictions for violent felonies. Thereafter, Florida prison inmate Gregory Welch, who had been sentenced under the Act… Read More »
Leaving the Scene of an Accident
According to the Florida Department of HIghway Safety and Motor Vehicles, more than 180 people were killed in hit-and-run accidents in the state in 2015. There were more than 92,000 such collisions altogether that same year. The majority of these crashes result in only property damage, but the number of hit-and-runs has remained steady… Read More »
Search Warrant Basics
The Fourth Amendment to the U.S. Constitution protects individuals from unreasonable governmental searches and seizures. Generally, this protection is reflected in the legal requirement that police obtain a search warrant before they search someone’s home or person for evidence of a crime. When are search warrants required, and how are they procured? When does… Read More »
New York’s Proposed “Textalyzer” Law
Many states, in an effort to curb drunk driving, have made it illegal for drivers who are pulled over by police to refuse a breathalyzer. Florida is one of these states. Under Florida law, by accepting the privilege of driving in the state, you give your implied consent to submit to a blood, urine,… Read More »
Police Need a Warrant to Use Your Cell Phone to Find You
What could law enforcement learn about you from using your cell phone to track your location in real time? All sorts of things – what doctors you go to, what therapists you see, when you visit a lawyer’s office, where you go at night, to name just a few. The technology to locate your… Read More »
Fighting a Florida Drug Possession Charge
Florida’s drug laws are among the strictest in the nation. Mere possession of a controlled substance such as cocaine, heroin, or methamphetamine is a third degree felony, which can carry penalties including fines and up to five years in prison. If you are currently facing possession charges, however, you are not without legal defenses…. Read More »
Potential Changes Afoot For Florida’s Stand Your Ground Law?
Florida’s controversial “stand your ground” law came to national attention in February, 2012, following the shooting death of 17-year-old Trayvon Martin. The “stand your ground” statute, sometimes seen as a defense to a charge of homicide or other illegal use of force, in fact offers a defendant complete immunity from prosecution on the basis… Read More »
DUI Manslaughter
We have already taken a look at Florida’s DUI laws, but have not addressed the specific crime of DUI manslaughter. When drunk driving results in a death, the result is often a charge of DUI manslaughter. This charge is a significant one, and your future can depend on a strong legal defense. What is… Read More »
Florida’s New Death Penalty Law
In the United States, some 31 states, including Florida, still use the death penalty for defendants convicted of certain crimes. But in January 2016, the U.S. Supreme Court struck down Florida’s system of imposing that penalty for unconstitutionally allowing a judge to substitute his or her own findings of fact for the jury’s conclusions,… Read More »
Ineffective Assistance of Counsel
Under the Florida Rules of Criminal Procedure, a person who has been convicted at trial, or who has entered a guilty plea, can thereafter file a motion with the court asking that his sentence be vacated, set aside, or corrected. (See Florida Rule of Criminal Procedure 3.850.) Frequently, these requests argue that the defendant’s… Read More »
Is Eyewitness Testimony a Sure Thing?
Eyewitness testimony can often provide critical evidence during a criminal trial. When a victim or witness picks a suspect from a police lineup, their identification carries great weight with cops, prosecutors, and juries. If you have been charged with a crime and identified in a lineup, you may fear your case is over. Not… Read More »
Homicide in Florida
Homicide occurs when one person causes the death of another. However, homicide is not necessarily the same thing as murder. In fact, homicide is not always illegal. Depending on the surrounding circumstances, homicide may be justified or excused. Read on to learn more. Different types of homicide Florida law recognizes several different types of… Read More »
What is Negligent Security?
Florida property owners have a duty to keep visitors safe. This duty includes providing sufficient basic security. If you have been injured on someone else’s property because of inadequate or negligent security, you may be able to recover for your injuries. Elements of negligent security A negligent security claim is a form of basic… Read More »
Florida Traffic Offenses
For many Floridians, the right to drive is central to their ability to earn a living. Those who drive for work depend on maintaining a clean driving record. If you are facing a traffic citation, or have a record of repeated citations, a skilled traffic offenses lawyer can make all the difference in protecting… Read More »
Wrongful Death Actions in Florida
If you have lost a spouse or family member because of someone else’s negligence or deliberate misconduct, you may have the right to sue the responsible party for wrongful death. A wrongful death claim might be appropriate where, for example, any of the following events directly causes death: medical malpractice; auto accidents; product liability;… Read More »