Author Archives: Jay Butchko
Endgame: How A Tampa Criminal Defense Attorney Could Resolve Your Case
Most legal disputes settle out of court. In fact, trials resolve fewer than 5 percent of the criminal cases in Hillsborough County. These negotiations are much like any other negotiations, at least in many ways. No one would bargain over the price of a car without knowing some basic supply and demand facts. Similarly,… Read More »
Criminal Battery In Florida: A Closer Look
Florida’s battery law is based on common law battery. But there are a few twists. For example, there are two ways the state can prove a 784.03 case in court. Only one of them requires the alleged victim’s testimony. However, these subsections have some subtle differences that prosecutors often miss. The facts of a… Read More »
Juvenile Sentencing Pros And Cons
A juvenile court judge hears basically the same cases as an adult criminal judge. The resolutions are also mostly the same. About 95 percent of criminal cases, in adult and juvenile court, settle out of court. But juvenile court and adult court sentencing philosophies are different. In adult court, it’s basically all about punishment…. Read More »
Five Common Types Of White Collar Crimes
Most of Florida’s white collar crimes are listed in Chapter 817 of the Florida Annotated Statutes. There are various types of white collar crime. Some of the more common ones are examined below. Yet they all have a few things in common. For example, all white collar crimes are nonviolent financial crimes. However, in… Read More »
Resolving White Collar Criminal Matters
By the late 1970s, a common phrase, “no harm no foul,” was no longer just an expression your parents told your neighbor after you committed a minor mischievous act. This phrase was also a legal defense in some matters, particularly white collar criminal cases. If the defendant makes, or is willing to make, restitution,… Read More »
Keeping Juveniles Home And Out Of The System
Overall, juvenile crime arrests in the Sunshine State have dropped sharply since the 1990s. This decline is not necessarily food news all the way around. For example, this decrease has given families a false sense of security. So, they may not supervise their children as closely, reasoning that they will probably not get in… Read More »
What You Should Know About DUI Hardship Drivers’ Licenses In Florida
A DUI conviction almost always means drivers’ license suspension. Furthermore, people with DUIs on their records must normally purchase costly SR-22 automobile insurance. Unfortunately, there’s more bad news. Florida is an implied consent state. So, if drivers refuse to provide chemical samples, or if their BAC levels were above the legal limit, the state… Read More »
The Burden Of Proof In Criminal Matters
In the United States, criminal defendants are always innocent until proven guilty. However, the amount of proof needed varies in different cases. There are also different burdens of proof at different points of a criminal trial. The stakes are always high in these situations. A criminal conviction or a proven probation violation has significant… Read More »
When Can Officers Pull Me Over For DUI?
Under the law, officers must generally have reasonable suspicion before they can detain motorists for suspicion of DUI. The law defines reasonable suspicion as specific, articulable facts which indicate criminal activity. Roadside checkpoints are the biggest exception to the reasonable suspicion rule. Although officers need not have specific, articulable facts to detain motorists at… Read More »
Expanded Jail Release Options In Florida
The Constitution’s Eighth Amendment prohibits “excessive bail” in criminal cases. Excessive is a vague word which could mean many different things. As the percentage of unsentenced inmates rises, more options become available under the excessive bail prohibition. No one wants to see people remain in jail simply because they cannot afford to make bail…. Read More »