Author Archives: Jay Butchko
Your Rights If You Are Accused Of A Crime: Frequently Asked Questions (FAQs)
If you or your loved one has been accused of committing a crime in Central Florida, it is normal to be stressed out, confused, and frightened. Criminal allegations are always a very serious matter. You have important legal rights. At The Baez Law Firm, our law firm provides aggressive criminal defense representation. We want… Read More »
Why You Need A Skilled Federal Criminal Defense Lawyer For Federal Sentencing
Facing a criminal charge is never easy. Police and prosecutors are aggressive—especially so when you are dealing with a federal criminal case. If you were arrested and charged with federal crime—a drug trafficking charge, a white collar offense, etc.—it is imperative that you are in the best position to raise a compelling, well-supported legal… Read More »
When Is A Drug Charge A Federal Crime?
Drug offenses are among the most common criminal charges filed in the United States. According to data provided by the non-profit organization Drug Policy Facts, between 1.5 and 2 million people are arrested on drug-related offenses each year. Most drug charges fall under state law—but a person may face a federal drug charge in… Read More »
Do The Police Have To Return Any Property Seized From Me?
The police often use search warrants to seize property that may be relevant to a criminal investigation. So what happens to that property once the case is over? Under Florida law, title to any unclaimed property that has been “lawfully seized” for use as evidence is turned over to law enforcement 60 days after… Read More »
Did The Police Mishandle Evidence In Your Case? Know Your Rights
You are presumed to be innocent until proven guilty beyond a reasonable doubt. The prosecution has the burden of presenting reliable and compelling evidence that proves that a defendant committed every element of a selected criminal charge. Criminal cases always come down to the evidence—but the evidence that suggests guilt and the evidence that… Read More »
What To Do If Your Child Gets Arrested In Central Florida
It is no secret that children can get themselves into trouble. According to data from the Office of Juvenile Justice and Delinquency Prevention (OJJDP), nearly one million minors enter the juvenile justice system each year nationwide. For parents, there are very few things more stressful than finding out that their child has been arrested…. Read More »
Sheriff’s Offices Announces Major Drug Bust In Flagler County
According to a report from ClickOrlando, thirteen people have been arrested as part of a large-scale drug bust in Flagler County. A representative of the Flagler County Sheriff’s Office told reporters that 28,000 grams of illegal narcotics, including fentanyl, were recovered. Sheriff Rick Staly called it enough fentanyl “to kill the entire population of… Read More »
Your Guide To Credit Card Fraud Charges In Florida
Credit card usage continues to grow in the United States. An estimated 40 percent of in-store purchases nationwide are made using credit cards. An even greater share of online purchases are made with credit cards. In recent years, prosecutors have been cracking down on allegations of credit card fraud. In this article, our Orlando… Read More »
Is Immigration Fraud A Federal Crime?
Immigration fraud is a broad term used to describe a wide array of unlawful activity. The act of being present within the United States in violation of U.S. immigration law is not, by itself, a criminal offense. It is a civil matter. However, a person accused of committing immigration fraud can be arrested and… Read More »
Is Reckless Driving A Criminal Offense In Florida?
Traffic violations take many different forms. Some are relatively minor issues, whereas others are serious criminal offenses. A minor speeding ticket may require paying a modest fine. On the other end of the spectrum, a reckless driving charge is a misdemeanor criminal offense that could lead to jail time. Here, our Orlando traffic offense… Read More »
BLM Protestor Files Civil Rights Lawsuit Against Florida Police Over 2022 Eye Injury
According to a report from ABC News, LaToya Ratlieff has filed a civil rights lawsuit against the Fort Lauderdale Police Department. She was left nearly blind after being struck in the eye by a rubber bullet during a Black Lives Matter (BLM) protest following the killing of George Floyd in May of 2020. Here,… Read More »
Four Things That Florida’s Top DUI Defense Attorneys Want You To Know
Drunk driving is one of the most common criminal charges in Florida. A driver who is under the influence of alcohol or a controlled substance may be arrested and charged with a DUI. Few things are more stressful or frightening than being arrested and booked into jail—especially if it is your first time. You… Read More »
Can A Rap Music Video Be Used As Evidence Against A Criminal Defendant?
In a criminal case, the government is not supposed to put your character on trial. That is why there are certain rules of evidence that restrict the introduction of material that might “inflame” the jury and that otherwise has no “probative” value in determining whether or not a defendant committed the alleged crime. At… Read More »
When Can You Sue A Police Department For Excessive Force?
Sadly, police brutality and excessive force by law enforcement officers remains a serious problem. A study cited by the Bureau of Justice Statistics (BJS) found that nearly 1 million of the 53 million people who had interactions with law enforcement over a one year period endure excessive force or threats of excessive force. Police… Read More »
How Do I File A Criminal Appeal In Florida?
Did you or your loved one receive an unfavorable verdict in a criminal case? If so, it is normal to be stressed out, frustrated, and even frightened. At the same time, it is important to understand that you are not necessarily out of options. You have the right to file an appeal in a… Read More »
Know Your Rights: How To Suppress Illegally Obtained Evidence
The Fourth Amendment to the U.S. Constitution protects you against illegal searches and illegal seizures. With limited exceptions, police officers generally need a warrant from a judge to conduct a search. Were you subject to an illegal search in Florida? You have legal options available. You can take action to get illegal evidence excluded… Read More »
How Is Money Laundering Defined Under Florida Law?
There are federal and state criminal laws in place that prohibit money laundering. Under the Florida Money Laundering Act (Florida Statutes § 896.101), money laundering can be charged as a felony offense that carries severe criminal penalties. In this article, our Orlando money laundering defense attorney provides a more detailed explanation of the key… Read More »
You Have The Right To A Criminal Defense Attorney—But You Must Make A Unambiguous Request
Were you arrested on a criminal charge in Central Florida? If so, you are under no obligation to speak to police or prosecutors. Indeed, it is not in your best interests to do so without a criminal defense lawyer by your side. Your civil rights matter. The Fifth Amendment protects your right to remain… Read More »
When Is Theft A Felony Offense In Florida?
Theft is one of the most common criminal charges filed in Florida. It occurs when a person takes the money, assets, or property of another without their consent and with the intent to deprive the rightful owner. Theft is a serious criminal offense. A conviction on a theft charge can result in jail time…. Read More »
How Can You Get A Pardon For A Criminal Conviction In Florida?
A person who has been previously convicted of a state crime in Florida may seek relief in the form of a clemency or pardon. Clemency broadly refers to the process of absolving an individual from the punishment imposed by their conviction. This is not something you can seek from a court, however. Rather, clemency… Read More »
What Constitutes Felony Battery In Florida?
In Florida law, a battery refers to the intentional striking or touching of another person without their consent. This is distinct from assault, which only requires a “threat” of violence against another person. In other words, threatening to hit someone is assault; actually hitting them is battery. Battery is prosecuted as a felony when… Read More »
DUI Charges In Florida: What Is “Actual Physical Control” Of A Vehicle?
It is unlawful to operate a motor vehicle while under the influence. You can be arrested and charged with a DUI if you are caught driving a vehicle or if you are found in “actual physical control” of a vehicle while intoxicated (Florida Statutes § 316.193). In other words, you could still technically be… Read More »
Does “Non-Verbal” Consent To A Warrantless Police Search Count?
The police cannot normally search your house without a warrant. But a warrant is unnecessary when the owner gives their “consent” to the search. While it is almost never a good idea to give such consent, people do it everyday, only to have it come and hurt them at their criminal trial. One thing… Read More »
What Is An Allen Charge And How Could It Affect My Criminal Case?
You are probably familiar with the rule that a jury must reach a unanimous verdict in a criminal case. So what happens when a jury deadlocks and cannot achieve unanimity? If the deadlock persists and shows no signs of resolution, the judge can declare a mistrial. This does not mean the defendant is free… Read More »
How Florida Prosecutors Can “Civilly Commit” People After They Have Served Time For A Sex Crime
With most crimes, a person serves their sentence and can try and move on with their lives. But that is not always the case for people convicted of sex crimes. Florida law makes it possible for prosecutors to seek involuntary civil commitment of a person who has already served their criminal sentence if they… Read More »