Author Archives: Jay Butchko
Florida’s Expanded Gang Statutes in 2026: Who Counts as a Gang Member Now
Florida’s definition of a “criminal gang member” got wider on October 1, 2026. Under section 874.03(3) of the Florida Statutes, a person qualifies by meeting just two of 13 listed criteria. Several of those criteria describe ordinary behavior, like what someone posts online, who lives in their home, and who they get seen with…. Read More »
Woman Arrested Following Domestic Row
In August 2026, police arrested a 43-year-old Fort Lauderdale woman after she allegedly bit off part of her husband’s ear during an argument in the family car. After returning from a party, the woman, her husband, and their kids were inside a vehicle on Interstate 95 when an argument about personal issues and problems… Read More »
Common Defenses in Florida Drug Trafficking Cases
Drug trafficking is a simple, and often seemingly harmless, step up from drug possession. Therefore, many Floridians are drug traffickers and don’t know it. Some people, such as messengers or mules, are caught on the edges of large, multistate, or multinational drug trafficking operations. Others give leftover pain pills to friends or co-workers. Others… Read More »
Lawmakers Enhance Domestic Violence Punishments
Florida’s new domestic violence law, which took effect on July 1, 2026, increases criminal penalties for repeat domestic violence offenders and expands survivor protections. Specifically, House Bill 277, which legislators approved unanimously, makes it a felony to violate a domestic violence restraining order for the second time. The measure also creates a statewide domestic… Read More »
What Happens When Soldiers Are Arrested Off-Base for DUI?
Most likely, state law and procedures apply in these situations. However, the defendant could face additional punishment under the Code of Military Justice. Contrary to popular myth, the defendant usually doesn’t have a duty to report the incident to a commanding officer. So, there’s a good chance that the defendant could escape any military… Read More »
Breaking Down Chemical Test Defenses in DUI Cases
In Florida, breath and blood test evidence is often conclusive proof of intoxication. Often, but certainly not always. That’s primarily because the Sunshine State has a per se law. Defendants with a BAC above the legal threshold are intoxicated as a matter of law. But the per se law only applies if the breath… Read More »
Manhunt Expands in Niceville Murder Case
Authorities have arrested five of six suspects in the slaying of a 43-year-old man in June 2026. In hopes of apprehending the sixth suspect, they expanded the search to nearby states and increased the bounty. The Florida Sheriffs’ Association Criminal Apprehension Assistance Program partnered with the Walton County Sheriff’s Office and Emerald Coast Crime… Read More »
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 »