Author Archives: Jay Butchko
Beating A DUI-Drug Case In Hillsborough County
In the minds of many, “stoned” driving is rapidly becoming almost as acceptable as “drunk” driving. Almost a quarter of drivers admit that they drove under the influence of a drug, usually marijuana. The list of possibly impairing substances in Florida is smaller than it is in other states. Nevertheless, there’s a good chance… Read More »
Resolving Juvenile Crimes In Hillsborough County
The direct consequences of a juvenile conviction, such as possible removal from the family home, are bad enough. The collateral consequences, such as drivers’ license suspension and school expulsion, could be even worse. Fortunately for these defendants, the political environment has changed significantly since the 1990s. A lower arrest rate means if a case… Read More »
What You Need To Know About Forfeiture
“Policing for profit” is one of the most controversial issues in criminal law. Conservative luminary Justice Clarence Thomas has harshly criticized the practice and strongly implied that it’s an unconstitutional taking of property without paying just compensation. Defenders of this practice point out that forfeiture proceeds fund anti-crime activities. The truth of the matter… Read More »
Top Five Search Warrant Exceptions
One of the most important provisions in the Bill of Rights is the Fourth Amendment. Early Americans embraced this amendment because of bitter experiences under British rule. Officials used writs of assistance, which were basically blank search warrants that were often transferable, to search private property whenever they felt like doing so. Despite this… Read More »
Beating The Breathalyzer In A Florida DUI
Many DUI defendants assume that if they failed a Breathalyzer test, they’re automatically guilty. Granted, the DUI test conviction rate is much higher than the non-test conviction rate. But, we shouldn’t give the Breathalyzer too much credit. This gadget is simply an advanced version of the 1935 Drunk-O-Meter. With that principle in mind, there… Read More »
Can Sex Offenders Be Removed From The Registry In Florida?
Back in the 1990s, many pundits believed that sex offender registration laws were the best thing since sliced bread. Since then, these laws have been harshly criticized by many, even the advocates who pushed for them. There’s almost no evidence that these registrations are effective, and they prevent former offenders from re-integrating into society…. Read More »
Drive-By Shooting In Lakeland Injures Ten People
Police know little about the incident, except that four masked shooters in a blue Nissan sedan fired into a building, wounding ten people. “The vehicle slowed, did not stop, and the four windows went down. It appeared to be occupied by four shooters in the vehicle,” Lakeland Police Chief Sam Taylor remarked. “They started… Read More »
What’s The Difference Between Civil And Criminal Court?
Sometimes, there isn’t much of a difference between civil and criminal courts in Florida. Domestic protective orders are a good example. Criminal and civil judges alike have the power to make these orders in the Sunshine State, although criminal judges usually defer to civil judges, especially if the parties in a protective order are… Read More »
FAQ About Sealing And Expunging Criminal Records In Florida
The effects of a criminal conviction linger long after defendants serve their time and are released. About half of unemployed men have criminal convictions. Many bosses believe that misdemeanor convictions indicate poor judgment skills. They also believe that applicants who have committed felonies are bad people. Record sealing and expunging is the most common… Read More »
Police Gun Down Lakeland Mass Shooting Suspect
In a follow-up to a blog we posted recently, a Lakeland police officer shot a suspect six times after a police chase and carjacking. While he was being watched by the Lakeland Police Department, the federal Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Florida Department of Law Enforcement, the suspect got into… Read More »