Author Archives: Jay Butchko
What Must The State Prove At Each Phase Of A Criminal Case?
At each of the three phases of a criminal case, the state has the burden of production and the burden of persuasion. The burden of production is a responsibility to produce evidence on a given point. This evidence could be tangible proof, like the veritable “smoking gun,” or intangible proof, like a witness’ testimony…. Read More »
Search Warrant Requirements In Florida
Random property searches during the pre-revolutionary War era were one of the most serious points of contention between American colonists and their British overlords. Officials used writs of assistance, which were basically blank search warrants, to randomly search property for contraband. Back in those days, “contraband” was anything the British government didn’t like. So,… Read More »
Unapproved And Approved FSTs In Florida: What’s The Difference?
The Field Sobriety Tests are usually an important component of a DUI prosecution. If the defendant provides a chemical sample, the FSTs establish probable cause for the demand of a sample. If there was no probable cause, the chemical test result is usually inadmissible in court. Additionally, in a significant number of cases, prosecutors… Read More »
Some Effective Defenses In Sex Crimes Cases
Once upon a time, sex cases were very difficult to defend, even if the prosecutor’s case was rather weak. Most jurors assumed that most people charged with sex offenses were monsters. Now, that attitude is changing. Jurors and judges are much more willing to look at valid defenses than they were in previous years…. Read More »
Jail Release Options In Hillsborough County
Many of the personality changes and other issues incarcerated people face can be traced to the brain injuries these individuals usually suffer. When cell doors close, the defendant’s stress hormone levels elevate significantly. So, these individuals often cannot make good decisions about their cases when they are in jail. When they get out, friends… Read More »
Search And Seizure Issues In Prescription Drug Possession Cases In Court
If you thought the War on Drugs was over, think again. This campaign is still going strong. The number of arrests has risen steadily since the 1990s, and about 80 percent of them are for simple possession. Although police are very aggressive in making arrests, as outlined below, these charges often don’s hold up… Read More »
Holiday DUI Stops In Florida
Law enforcement personnel are on high alert for “drunk drivers” during the holiday season. In many cases, holidays and alcohol consumption are closely related. Roughly a fifth of Florida adults say they drink more during the holidays than during other times of the year. Other numbers are even more sobering (pardon the pun). Half… Read More »
What Happens When Simple Assault Cases Go To Court?
The short answer to this question is that the case most likely settles out of court. Plea bargains resolve over 90 percent of the criminal cases in Hillsborough County. However, the process is very rarely quick or easy. That’s especially true in assault cases and other matters which have many moving parts. Usually, there… Read More »
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 »