Author Archives: Jay Butchko
What is a Federal Assault Charge?
Assault on federal property, like all other federal crimes, is a serious offense under U.S. law. It involves committing an act of violence or threatening behavior against a person or entity on property owned, operated, or controlled by the federal government. Assault penalties in federal court are much more severe. Assault with injury, which… Read More »
What are the Three Major Types of Cases in Juvenile Court?
Many people believe the state automatically expunges juvenile criminal convictions when the former defendant turns 21. Although expungement is usually available and, in many cases, easy to obtain, it’s not automatic. Frequently, the negative collateral consequences of a juvenile conviction blindside former defendants. Young adults often forget about events that occurred seven or eight… Read More »
Kinds of Immigration Fraud
Since 2024, the federal government has cracked down hard on immigration crime. Most of the high-profile action centers on current residents with legal issues. The crackdown on immigration fraud has been quieter but may be more impactful. Residents with legal issues technically did something wrong. Potential immigration fraud crackdowns often target individuals who did… Read More »
Authorities Track Down Hit-and-Run Suspect in Mexico
Nineteen years after the accident, a Cuban national living in Mexico may finally stand trial for allegedly striking and killing a 40-year-old woman and fleeing the scene. At a preliminary hearing, a judge denied bail for the 52-year-old suspect. “She has been on the run for 19 years,” Miami Police Commander Joaquin Freire told… Read More »
How Do Federal Plea Bargains Work?
To put it mildly, the plea bargaining process in federal court has changed significantly in recent years. For many years, U.S. attorneys and defense lawyers wheeled and dealt behind closed doors, and judges practically rubber-stamped their plea bargain agreements. The Federal Sentencing Act ended this practice. Under this law, negotiating a plea bargain was… Read More »
Easy Ways to Clean Criminal Records in Florida
The direct consequences of a criminal conviction are, to put it mildly, horrible. But even the longest jail sentence or probation term eventually ends. Collateral consequences are a different story. These consequences linger long after the cell doors open. Furthermore, many defendants aren’t fully prepared to face these consequences. A criminal charge doesn’t inevitably… Read More »
Florida’s New ‘Super Speeder’ Law Takes Effect
If you plan on hitting the road in Florida this summer, watch your speed. The controversial House Bill 351 took effect on July 1, 2025. Crime and safety expert Ken Jefferson explained that making a habit of driving at those speeds makes a crash inevitable. “It only takes a couple of seconds for somebody… Read More »
Top Five Search Warrant Exceptions
In 1961, the Supreme Court announced the exclusionary rule, which prohibited the state from using evidence in court, unless peace officers had a valid search warrant. Many people, on both sides of the aisle, believe this rule was too harsh. So, over the next several decades, the Supremes created a number of exceptions to… Read More »
Special Issues in Federal Court DUIs
Tampa Bay includes many courthouses, office buildings, and other federal property, such as parks and military bases. Federal court DWI law and procedure is different from state court procedure in many ways. The direct consequences are somewhat different as well. The collateral consequences and other indirect effects of a federal property DUI are much… Read More »
Basic Jail Release Conditions in Florida
Reasonable bail conditions are guaranteed by an obscure provision in the Eighth Amendment. But the provision is very unclear. “Reasonable” is a lawyer word that means different things to different people in different contexts at different times. Some common “reasonable” conditions of bail are outlined below. In many cases, a Tampa criminal defense lawyer… Read More »
