Author Archives: Jay Butchko
Top Five Search Warrant Requirements in Florida
A search warrant is a legal authorization that allows law enforcement officers to search a person, home, vehicle, or other property for evidence of a crime. In Florida, search warrants must comply with the Fourth Amendment as well as Florida law. If officers fail to meet the required legal standards, evidence obtained during the… Read More »
Does Refusing a Breathalyzer Count as a DUI?
Yes, refusing a Breathalyzer test counts as a DUI, of sorts, in Florida. The Sunshine State has a refusal-to-submit law based on the state’s implied consent doctrine. Implied consent to provide a chemical sample also serves as the basis for administrative license revocation in Florida. Even if the defendant “beats” the DUI, a court… Read More »
What to Expect While You’re Out on Bond
The good news is you’re out of that crowded, smelly jail, maybe forever. The bad news is that pretrial release includes conditions you probably know nothing about. Florida has one of the highest percentages of unsentenced inmates in the country. So, getting out of jail is relatively easy, at least in most cases. As… Read More »
Federal Crimes and Jail Release: A Quick Guide
Immediate jail release is a big deal in federal cases. But jail authorities don’t hand defendants get-out-of-jail-free cards. Federal cases use different jail release rules than state cases. These different rules often significantly limit pretrial release in these matters. The Eighth Amendment guarantees reasonable bail in federal criminal cases. However, “reasonable” means different things… Read More »
What’s Better: A Plea Bargain or a Trial?
According to an old saying, a bird in the hand is worth two in the bush. Like most aphorisms, this one is usually true, but certainly not always true. In this context, the bird in the hand is a favorable plea bargain agreement, and two in the bush is a more favorable result at… Read More »
Expunging Convictions Without Going to Court in Florida
The most severe criminal sentence, except capital punishment or LWOP (life without parole), eventually ends. The collateral consequences of that sentence often remain forever. Unemployment is a good example. For various reasons, the convicted felon unemployment rate is over five times higher than the overall unemployment rate. Sometimes, employers don’t hire convicted felons for… Read More »
“Victimless” Crimes in Florida
Theoretically, there’s no such thing as a “victimless” crime, at least according to some. However, even these advocates acknowledge that these offenses are different in many ways. Others believe that prosecuting victimless crimes, which they usually define as an offense that has no individual, ascertainable victim, wastes judicial resources. Many jurisdictions try to find… Read More »
Caught at a Memorial Day DUI Checkpoint? Here’s What to Do Next
DUI roadblocks are very common around Memorial Day. Perhaps no other holiday combines alcohol consumption and driving more than the weekend of the last Monday in May. Traditionally, beer sales eclipse $1 billion on Memorial Day Weekend. Other alcohol sales usually spike as well. Additionally, a record-high number of Americans braved high gas prices… Read More »
Spotlight on Immigration Benefit Fraud
Immigration is at an all-time high, and so is immigration fraud, such as benefits fraud. These scammers use illegal tactics to obtain government benefits, usually visas and other documents, for immigrants. Fraud hurts everyone, especially the immigrants who either perpetrate or fall victim to these scams. Sooner or later, immigration authorities almost always identify… Read More »
Do’s and Don’ts of DUI Checkpoints in Florida
DUI checkpoints are legal in Florida, if those checkpoints strictly adhere to all legal requirements, as outlined below. These checkpoints are somewhat rare in Florida, mostly because of cost reasons. A DUI roadblock creates compliance issues that cash-strapped local law enforcement offices usually don’t want to deal with. Furthermore, a checkpoint itself often means… Read More »