Author Archives: Jay Butchko
What Happens to Bail-Jumpers in Florida?
Bail jumping, or failing to meet all the conditions of supervised release, has short-term and long-term consequences in the Sunshine State. The short-term consequences usually include the issuance of a bench warrant. A bench warrant is basically a combination of an arrest warrant and a court order, so it’s an arrest warrant on steroids…. Read More »
Hillsborough Co. Authorities Arrest Hit-and-Run Suspect
Florida Highway Patrol investigators say a 20-year-old woman stuck and killed a bicyclist in November 2024 before fleeing the scene. Investigators state that the woman was allegedly traveling in a red Dodge Charger with black rims, headed east down the highway. Meanwhile, the 19-year-old was traveling in the same direction. West of 4th Street,… Read More »
Where is Marijuana Legal in Florida?
Nowhere, but it’s complicated. As outlined below, any kind of possession of marijuana is illegal under federal law. Most marijuana possession is illegal under state law. A few municipalities have decriminalized marijuana possession to a certain extent. Decriminalization usually means allowing possession of a small quantity of recreational marijuana or reducing these charges to… Read More »
Seven Hearsay Exceptions in Federal Criminal Court
Anyone can repeat anything on social media. Usually, repeated statements are very inflammatory and very effective for the person using them. For that reason, prosecutors try to use as many inflammatory statements as possible when they present criminal cases in federal court. However, the Federal Rules of Criminal Procedure sharply limit the use of… Read More »
What is the Best Defense for DUI?
In many cases, the best defense for DUI is a defense that bypasses intoxication. If the defendant submitted a chemical sample, and that sample passed legal muster, intoxication is very difficult to disprove in Florida. The Sunshine State has a per se DUI law. Subjects with a BAC above the legal limit are intoxicated… Read More »
Five Proof Requirements in a Criminal Case
Most criminal cases, and most post-trial criminal proceedings, settle out of court. Nevertheless, the burden of proof at trial may be the biggest factor in these resolutions. At every level, attorneys always look to the likely outcome at a trial or hearing and base their negotiation positions on that prediction. The burden of proof… Read More »
Bond Hearings in Federal Cases
Under federal law, judges must release people charged with criminal offenses unless the government proves the individual is dangerous and/or a flight risk. Usually, danger refers to the safety of certain people, like alleged crime victims and possible witnesses, or the possibility of re-offense. People are flight risks if they have the means (money,… Read More »
Kinds of Sealing and Expungement in Florida
Many jurisdictions offer very few “second chances” to people with criminal convictions on their records. It’s difficult, or impossible, to seal or expunge (remove) these records. But Florida has some of the broadest sealing and expungement laws in the country. As outlined below, most former defendants are eligible for multiple kinds of relief in… Read More »
Do the Cops Always Need a Warrant?
No. In fact, the cops usually don’t need a warrant. Since the 1960s, the Supreme Court has carved out so many exceptions to the Fourth Amendment’s search warrant requirement that the exceptions swallow the rule. The good news is that these exceptions, some of which are outlined below, don’t automatically apply. Instead, the state… Read More »
What are the Four 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 »