Author Archives: Jay Butchko
The Pretrial Process in a Federal Drug Possession Case
Usually, the pretrial process in a drug possession case leads to an out-of-court settlement. Plea bargains resolve about 95 percent of the criminal cases in Hillsborough County federal court. As outlined below, a favorable out-of-court settlement is a process, not a result. The length of this process varies. Some drug possession cases settle in… Read More »
A Closer Look at Aggravated Assault
Most physical altercations, even domestic altercations, result in misdemeanor charges. Aggravated assault, however, is a serious felony that involves much more severe short and long-term direct and indirect consequences. From jail release and bond issues to the final resolution of the case, aggravated assault is a very complex criminal matter. Only the best Tampa… Read More »
What’s the Difference Between State and Federal Drug Crimes in Florida?
Scope, severity, and jurisdiction are the three biggest differences between state and federal drug crimes in Florida. Drug possession is the most common state and federal drug crime. Others include trafficking, manufacturing, and distributing illegal drugs. Prescription drug crimes, such as altering a label, fall into this category as well. The substance could be… Read More »
Unapproved DUI Field Sobriety Tests in Florida
The three approved field sobriety tests (eye test, walk-and-turn, and one-leg stand) usually establish probable cause for a DUI arrest. In most cases, prosecutors can also use these FSTs as circumstantial evidence of guilt at trial. Many officers also force defendants to perform unapproved tests, usually due to personal initiative or departmental policy. These… Read More »
I Failed a Breathalyzer Test. What Happens to My Drivers’ License?
Unless an appeal is successful, the state will suspend your drivers’ license if you fail a Breathalyzer test. The state will also suspend your license if you refuse to submit a chemical sample upon reasonable demand. Very strict time deadlines apply in these situations. Usually, drivers have only ten days to request appeal hearings…. Read More »
What is the Burden of Proof in a Criminal Case?
The burden of proof in a case requires the state to prove, beyond any reasonable doubt, that the defendant committed the charged offense. The BOP applies to every element of the offense. For example, in a DWI case, the state must prove the defendant was driving or operating the vehicle (D) while under the… Read More »
What’s the Difference Between State and Federal Court?
Many countries only have one court system. States, provinces, prefectures, or whatever they’re called are basically administrative districts that have no autonomy. But the United States is a federal republic. This system of government combines federalism (power divided between a central authority and regional units like states) with republicanism (rule by elected representatives, not… Read More »
Collateral Consequences of Criminal Convictions
During court proceedings, judges are legally required to inform defendants of the direct consequences of criminal convictions. But they don’t have to say anything about the collateral consequences. These indirect and long-lasting effects, typically imposed by statutes, regulations, or private policies, significantly affect an individual’s ability to reintegrate into society. Although collateral consequences are… Read More »
Expungement in Florida: What You Should Know
Expungement in Florida, a legal process that literally erases conviction records or at least conceals them from public view, helps individuals move forward without the long-term consequences usually associated with criminal convictions. The unemployment rate is one example. The convicted felon employment rate is roughly 27 percent, which is about five times higher than… Read More »
Your Constitutional Rights and Responsibilities in a Preliminary DUI Investigation
Despite a decades-long DUI crackdown which began in the 1990s, alcohol still causes about a third of the fatal car crashes in Florida. As a result, many law enforcement officers feel like they have a personal mission to get “drunk drivers” off the road. Other departments emphasize DUI arrests and punish officers who don’t… Read More »