Author Archives: Jay Butchko
Procedural, Substantive, And Affirmative Defenses In Drug Possession Matters
According to many people today, including many Hillsborough County jurors, drug possession is a health and safety issue as opposed to a criminal law issue. However, law enforcement doesn’t feel the same way. About 80 percent of drug arrests are for simple possession. These arrests feed the beast. Drug possession cases keep police officers… Read More »
Angry Customer Pistol-Whips UPS Manager In Miami
A dispute over a damaged printer led to a violent assault which police are still investigating. “He started hitting me with a handgun a couple of times,” the alleged victim said about the customer. Store security footage captured the man, dressed in a bright orange shirt and black shorts, attacking a UPS store manager…. Read More »
Challenging DUI-Drug Infractions In Florida
Many states have extremely broad DUI-drug laws. Pretty much everyone has at least one impairing substance in their pantry or medicine cabinet. Even everyday drugs, like caffeine, could involve DUI charges. Florida’s law is considerably more limited. It only applies if the substance at issue is designed “for the purpose of inducing a condition… Read More »
Police Officers Arrest Man With Eighty-Five Priors
A man with seventy prior felony arrests and fifteen prior misdemeanor arrests is in custody after a Flagler County Sheriff’s deputy pulled him over on a routine stop. During an initial investigation, the deputy noticed that the temporary license tag didn’t match the make and model of the car the 36-year-old man was driving…. Read More »
Two Florida Colleges Highly Ranked On ‘Safest Colleges’ List
St. Petersburg University and Rasmussen College in Ocala were among the top twenty safest colleges in America, according to a national publication. Largo’s St. Petersburg College, which is mostly a liberal arts college, has a little over 8,000 undergraduate students. The public college has a 100 percent acceptance rate and decent student ratings. The… Read More »
What Are The 100 Most Dangerous American Cities After Dark?
Only six Florida cities appeared on this list, and only one of them, Riviera Beach at No. 48, was in the top fifty. So, hooray for us. In 2016, a dozen Florida cities made the list, and in 2010, Ft. Meyers was in the top ten. Today, the number of Florida cities is down… Read More »
The Three Burdens Of Proof In A Criminal Case
Ultimately, prosecutors must establish guilt beyond any reasonable doubt. That’s the highest burden of proof in the law. But first, the state must establish reasonable suspicion for the initial stop, at least in most cases, and probable cause for the arrest. The three phases of a DUI case, which are outlined below, are a… Read More »
Record Sealing And Expunction In Florida
Life is difficult enough with a clean criminal history. A blemish on a permanent record, no matter how old the blemish is, makes things much harder. For example, when investigators look into criminal activity, they usually start with people that have criminal records. We all have skeletons in our closets. As a result, additional… Read More »
Top Three Ways To Get Out Of Jail
Except in a few very rare instances, pretrial detention has no upside for anyone. Such incarceration hurts defendants and their families. These negative effects are well-documented. Furthermore, pretrial incarceration doesn’t protect society, and is costly to the state or county. In contrast, pretrial release benefits everyone. Defendants are free to support their families, financially… Read More »
Five Most Common Search Warrant Exceptions
Almost immediately after the Constitution took effect, the Founders added the Bill of Rights, including the Fourth Amendment, to this document. This provision forbids unreasonable warrantless searches and seizures. “Unreasonable” has a specific meaning in this context. Unless a narrow search warrant exception applies, any seized evidence is inadmissible in state or federal court…. Read More »