Author Archives: Jay Butchko
Most Common Search Warrant Exceptions
A bedrock principle of American law is that police officers must have a search warrant, or probable cause, before they seize contraband of any kind. Usually, peace officers only obtain search warrants in large, multi-agency investigations, like probes of drug trafficking rings. In everyday cases, most prosecutors use the probable cause loophole. The Supreme… Read More »
Civil Vs. Criminal Actions: Some Key Differences
Until about 1850, America was not a very large or sophisticated country. Most courts heard both civil and criminal matters, and frequently, these matters overlapped. For example, disaffected wives often brought criminal cases against wayward husbands, accusing them of adultery, drunkenness, and other shenanigans. Some of that overlap remains, especially regarding car crashes and… Read More »
If I Blew Into A Breathalyzer Or Provided A Blood Sample, Am I Automatically Guilty Of DUI?
Defendants are never “automatically” guilty of anything in American courts. However, they can be almost automatically guilty, if that makes any sense. Florida, like all other states, has a per se DUI law. In ye olden days, an adverse chemical test result was only a presumption of intoxication. Now, it’s absolute proof of intoxication,… Read More »
Top Five Juvenile Offenses
Many parents have been lulled into a false sense of security by the overall decline in juvenile arrests since the 1990s. When it comes to the most common juvenile crimes, authorities are still very aggressive. Some parents are blindsided when their children are arrested. They know a juvenile conviction is a serious matter, but… Read More »
Resolving White Collar Criminal Matters In Hillsborough County
Emotional criminal trials are a staple on movies and TV. But in reality, fewer than 5 percent of criminal cases go to trial. Due to case backlogs, which are even worse in the post-coronavirus era, many defendants must wait a year or longer for their day in court. Furthermore, trials are very risky. Jury… Read More »
Search Warrant Requirements In Florida
During Colonial times, British officials used blank search warrants, called writs of assistance, to search private property, ostensibly for evidence of smuggling. Of course, there were a number of abuses, especially since these blank search warrants were transferable. So, Congress quickly added the Fourth Amendment to the Constitution. The states quickly ratified this amendment,… Read More »
Challenging The FST Results In A Florida DUI
The National Highway Traffic Safety Administration has approved three Field Sobriety Tests for use in DUI arrests. Although most scientists claim these tests reliably indicate whether the subject is intoxicated, each test has some serious flaws, as outlined below. FST results are critical in both test and non-test DUI prosecutions, so regardless of the… Read More »
Dealing With Aggravated Assault Charges In Hillsborough County
Summertime warm temperatures affect us physically and mentally, according to the somewhat controversial heat hypothesis. We are more likely to lose control of our tempers and lose control of our bodies. Indeed, aggravated assault arrests usually peak in early summer. After a year of lockdowns and partial lockdowns, this effect might be more pronounced… Read More »
Procedural Defenses In Drug Trafficking Cases
At least subconsciously, many Hillsborough County jurors believe that “drug dealers” are the worst kind of criminals. As such, they are anxious to believe the prosecutor’s version of events in these cases, so they can punish these defendants as much as possible. Therefore, a procedural defense based on the Bill of Rights is often… Read More »
Three Quick Ways To Overturn A DUI Checkpoint Stop
Normally, before they detain motorists for suspicion of DUI or any other reason, police officers must have reasonable suspicion of criminal activity. The Supreme Court has watered down this rule to the point that any evidence-based hunch usually suffices. Officers can even erroneously detain people illegally, as long as they had a good faith… Read More »