Author Archives: Jay Butchko
What Proof Do Officers Need to Get a Search Warrant?
Judges may only issue search warrants if officers submit written probable cause affidavits. Probable cause is a vague standard of proof which basically means “s/he’s probably guilty, but I need to hear both sides of the story to be sure.” That’s a low standard of proof, but officers often take shortcuts and/or heavily cite… Read More »
The Bill of Rights and Drug Trafficking Cases
James Madison, the Founding Father who spearheaded passage of the Bill of Rights, initially opposed them. In fact he called the proposals “parchment barriers” that provided no individual protections. Madison wasn’t wrong. For many years, the Bill of Rights was little more than a statement of purpose. The Supreme Court didn’t introduce the exclusionary… Read More »
Building a Successful Defense in an Assault Case
Ultimately, a successful defense in an assault or any other case must create a reasonable doubt as to the evidence. A criminal case doesn’t decide if the defendant “did it” or not. Rather, the outcome of a criminal case hinges on what the state can prove. The less evidence prosecutors have, and the stronger… Read More »
Breaking Down a DUI-Drug Case in Florida
Many states have very broad DUI-drug laws. Almost anything in your pantry, refrigerator, or medicine cabinet, including caffeine and sugar, could be an impairing substance. But Florida’s DUI-drug law is much more narrow, at least in terms of possibly intoxicating substances. More on that below. Despite the law’s narrow focus, DUI-drug cases are extremely… Read More »
Keeping Juvenile Criminal Records Clean
Under Florida law, adults with juvenile criminal records can petition the court for expunction. However, in most cases, former offenders must wait until they turn 26 to use the automatic expunction provision. Most people begin their adult lives much earlier than that. A criminal record often precludes military enlistment and creates other hardships. Furthermore,… Read More »
Alleged Car Thief Arrested in Hillsborough County
A lengthy investigation failed to nab an alleged car thief. However, police officers got lucky at a random traffic stop. Deputies arrested the 27-year-old suspect during a traffic stop on the black Dodge Charger he was driving at the intersection of East Busch Boulevard and North Larkhall Place for multiple traffic infractions. He was… Read More »
Broward County Hate Crime is Part of Rising Tide
A 47-year-old man faces serious criminal charges after he allegedly tore off a woman’s hijab then physically assaulted her. According to an affidavit, after the man made an obscene gesture toward the woman and told her to “go back to her country,” he ripped off the victim’s hijab, then began to slap and punch… Read More »
What Are Some Common Conditions of Bail?
Pretrial release is available if the terms, mostly the financial terms, guarantee the defendant’s appearance at trial and the defendant is not a danger to public safety. So, the conditions of bail don’t end after money changes hands. In fact, in many cases, the conditions of bail are just beginning. More on that below…. Read More »
Top Five Search Warrant Exceptions in Florida
For many years, the Fourth Amendment’s prohibition of warrantless searches and seizures was nearly absolute. Then, mostly in the 1950s and 1960s, the Supreme Court created several search warrant exceptions, mostly based on the “reasonable search” requirement in the Fourth Amendment. In other words, the following searches and seizures are reasonable and therefore allowable,… Read More »
Challenging the DUI Field Sobriety Tests
If the defendant refuses to provide a chemical sample, prosecutors use the field sobriety tests to prove intoxication in court. If the defendant provides a sample, the three approved FSTs constitute evidence of probable cause. Either way, the FSTs are one of the most critical bits of evidence in a DUI prosecution. To bolster… Read More »