Author Archives: Jay Butchko
Jail Release Conditions In Hillsborough County
High unsentenced inmate percentage is a problem in almost every state. The Sunshine State has one of the highest percentages of unsentenced inmates in the country. In other words, many inmates haven’t been convicted. They’re just waiting for their day in court, usually because they cannot afford to make bail. In response to this… Read More »
Top Five Search Warrant Exceptions
Many large, multi agency investigations culminate in a search warrant. Frequently in these cases, officers spend months or years collecting enough evidence to establish probable cause in affidavits. In other law enforcement contacts, most notably traffic stops, things happen much faster. There’s no warrant. Therefore, when these cases go to court, unless a narrow… Read More »
Cops: Messages At Florida-Georgia Game Weren’t Criminal
The Jacksonville Sheriff’s Office said that comments projected onto the stadium’s wall “do not include any type of threat and are protected by the First Amendment.” The remarks included statements like “Ye [formerly Kanye West] is right about the jews,” an apparent reference to that rapper’s earlier antisemitic comments. “We are horrified by and… Read More »
Overcoming Adverse FST Results In A Florida DUI
The National Highway Traffic Safety Administration has approved three Field Sobriety Tests for use in DUI arrests. If a defendant provides a breath or blood sample, as most defendants agree to do, prosecutors use the FST results to establish probable cause for that law enforcement request. If the defendant refuses to provide a chemical… Read More »
What Are The Three Types Of Plea Bargains In Juvenile Cases?
In the Founding Fathers era, and for many years thereafter, jury trials resolved almost all criminal cases in the United States. Bench trials, in which a judge serves as both factfinder and legal referee, were rare, and plea bargains were almost unheard of. Things started changing in the late 1800s. The country was growing… Read More »
Tampa Jury Returns Guilty Verdict In Hate Crimes Case
A 29-year-old man faces up to ten years in prison after a jury concluded that a 2021 road rage incident was racially motivated. Court documents show that the defendant encountered J.T, the alleged victim, while he, his girlfriend, and 4-year-old daughter were en route to Clearwater. The defendant pretended to “shoot” the victim and… Read More »
Seven Common Kinds Of White Collar Criminal Cases In Hillsborough County
Thirty years ago, white-collar crimes weren’t very serious. Many prosecutors in many jurisdictions didn’t even file charges in these cases. The 2001 Enron scandal, in which investors lost about $78 billion, changed that approach. Now, prosecutors see white-collar crimes as crimes, instead of civil matters. Since prosecutors are much more aggressive, these defendants need… Read More »
Five Key DUI Checkpoint Requirements
The Supreme Court permanently legalized sobriety checkpoints, which allow law enforcement officers to bypass the Fourth Amendment, in 1990. Because the Supremes gave them such broad authority, peace officers must strictly follow many rules when they set up these checkpoints. Otherwise, the roadblock is illegal. A checkpoint affects your Fourth Amendment stop, search, and… Read More »
Gold Coast Police Officer Faces Multiple Sex Crime Charges
A former Palm Bay Police Department officer allegedly engaged in in illicit “sexual relations” with a 13-year-old girl. According to court documents and the PBPD, the 23-year-old officer, who had been on the job less than a year, reached out to the girl on social media and “met the victim for sex on two… Read More »
Should I Plead Guilty?
On February 7, 1881, Alameda County resident Albert McKenzie pleaded guilty to misdemeanor embezzlement to avoid trial on felony charges. He allegedly siphoned $53 from his sewing machine company employer. His was one of the first recorded plea bargains in American legal history. In the late 1800s, the country was growing significantly, and taxpayers… Read More »