Author Archives: Jay Butchko
DUI Drugs in Florida: What You Should Know
Almost all DUI cases in Florida involve alcohol intoxication. However, state law also makes it illegal to operate a vehicle while impaired by any controlled substance or chemical substance, including prescription medications and illicit drugs. Marijuana may be the most common driver impairment substance. Prescription painkillers and over-the-counter medicines, such as NyQuill, are near… Read More »
Plea Bargains in Juvenile Cases
For many years, trials resolved most juvenile cases. But the trial system began fading away around 1900. About that time, courts began accepting plea bargain agreements. Sometimes, judges directly control these agreements. Usually, however, judicial control is indirect, at best. More on that below. Today, plea bargains are a central feature of modern criminal… Read More »
How State Crimes Affect Immigration Status
Immigrants in the United States, whether they are lawful permanent residents, visa holders, or undocumented individuals, are subject to both state and federal laws. While immigration is governed solely by federal law, a violation of state criminal laws can significantly affect a person’s immigration status. This intersection between state criminal justice systems and federal… Read More »
Can a Lawyer Beat a DWI Charge If I Was Drunk?
Yes, a lawyer can beat a DWI charge if the defendant was drunk. Intoxicated (drunk) is only one of three elements in a DWI. The other two are driving and while. The state must prove every element of a DWI, not just the “intoxicated” element, beyond any reasonable doubt. Frequently, sufficient credible evidence is… Read More »
Endgame: Resolving Criminal Cases in Florida
Plea bargains resolve almost all criminal cases in Florida and elsewhere. The plea bargaining system began after the Civil War. Albert McKenzie’s 1881 plea bargain was one of the first on record. McKenzie pleaded guilty to misdemeanor embezzlement charges (taking $52.50 from his sewing machine company employer) to avoid felony charges. Still today, most… Read More »
The Formal and Informal No-Fly Lists
Many people know little or nothing about the formal and informal no-fly lists until they try to board airplanes and are denied entry, even though they have valid tickets. The formal no-fly list is a product of 9/11, which is the day that airline passengers suddenly became security risks. The informal no-fly list is… Read More »
Five Ways to Wipe the Slate Clean in Florida
A criminal record is the equivalent of a brand, at least in many cases. The problem is widespread. Seventy-eight million Americans have at least one criminal conviction on their permanent records. These individuals aren’t the only people who pay for these records, mostly in terms of lost opportunities. Criminal convictions cost the economy over… Read More »
Who Was That Masked Man?
Authorities are looking for a 30-ish man who allegedly tried to rob a Publix supermarket in Loxahatchee in October 2025. The Palm Beach County Sheriff’s Office (PBSO) said the suspect, who was wearing a facemask, entered the Publix located on Seminole Pratt Whitney Road in Loxahatchee. According to the PBSO, the man handed a… Read More »
What Qualifies as Drug Trafficking in Florida?
Americans’ attitude about drug trafficking is changing, despite persistently high drug overdose rates. As recently as 2018, most people believed drugs were a serious problem. By 2024, that percentage had declined significantly. The changing face of drug trafficking may have something to do with the decline. Today, most “drug traffickers” are over-prescribing doctors, friends… Read More »
What is the Most Common Drug in DUI?
Marijuana is the most common drug in Florida DUIs. This drug is legal to possess in some parts of the Tampa Bay area. But it’s illegal to drive under the influence of marijuana or “any substance controlled under Chapter 893, when affected to the extent that the person’s normal faculties are impaired.” A chemical… Read More »