Author Archives: Jay Butchko
Pre-Conviction DUI Drivers’ License Suspension In Florida
Like most other jurisdictions, Florida is an implied consent state. So, if a driver refuses to provide a chemical sample or fails a breath or blood test, the state may immediately suspend the person’s drivers’ license. The suspension period could be up to eighteen months. And, drivers’ license reinstatement is not automatic. Some people… Read More »
Three Most Common Types Of White Collar Crimes In Hillsborough County
Over the past several years, the general crime rate in Florida has declined significantly. That’s mostly due to a decrease in the number of violent crimes, or at least a decrease in the number of reported violent crimes. Meanwhile, the number of white-collar crimes and other financial crimes is essentially unchanged. Like many other… Read More »
How Do Juvenile Cases Usually End In Florida?
High-profile criminal cases, as well as the fictional ones in movies and TV shows, almost always go to trial. But in the real life, everyday world, over 95 percent of criminal cases settle out of court. These plea-bargained resolutions are a bit different in juvenile court cases. As outlined below, although the same penal… Read More »
Breaking Down A License Revocation Hearing In A Florida DUI Case
The Fifth Amendment gives people the right to refuse to provide chemical samples in DUI cases. However, that right is not absolute, because Florida is an implied consent state. When people sign their drivers’ licenses, they agree to provide chemical samples on demand. So, if drivers change their minds and refuse to provide them,… Read More »
Setting Up A Successful Plea Bargain In Hillsborough County
In the early years of the Republic, trials resolved almost all criminal cases. But then the United States grew rapidly, in terms of population and area. Taxpayers weren’t willing to pay for the additional courts needed. As a result, plea bargains became increasingly common in the overburdened judicial system. One of the earliest recorded… Read More »
Defending Pornography Possession Charges in Florida
Many criminal prosecutions hinge almost entirely on eyewitness testimony. Typically, the case is a single-witness case. The arresting officer is the only witness. Possession cases, especially pornography possession cases, are different, mostly because of the best evidence rule. This legal doctrine, which normally applies to documents, requires litigants to produce the original in court… Read More »
The Three Ps Of Drug Possession Charges In Florida
If you thought the War on Drugs was over, think again. True, the harsh mandatory minimum prison sentences which lawmakers approved in the 1980s are largely gone. But Florida peace officers still make tens of thousands of drug arrests every year. 80 percent of them are for simple possession. In most cases, it is… Read More »
Minimizing The Collateral Effects Of Domestic Violence Charges
The lingering effects of COVID-19 lockdowns, along with the associated financial stress, have significantly increased the number of domestic violence incidents in Florida, and these incidents were already alarmingly common. Most Tampa Bay law enforcement agencies have mandatory domestic violence arrest policies. When officers respond to these disturbance calls, someone immediately goes to jail…. Read More »
Evidence In Florida DUI-Drug Cases
In many jurisdictions, there are more “stoned” drivers than “drunk” drivers. In all jurisdictions, DUI-drug cases almost always have evidence issues. Since there is no widely-available Breathalyzer for marijuana and other drugs, at least not yet, the state must rely exclusively on circumstantial evidence. The conviction rate in non-chemical test cases is almost 50… Read More »
Some Effective DUI Defenses
Law enforcement authorities are very aggressive when it comes to DUI arrests. In 2018, there were almost 33,000 DUI arrests in the Sunshine State. Furthermore, the Tampa Bay area had the most number of arrests by far. Lack of evidence regarding intoxication is usually the best defense, and often the only available defense, in… Read More »