Author Archives: Jay Butchko
Defending Pornography Possession Charges In Court
The Sunshine State’s laws regarding possession of illegal pornography are very broad. Like most sexual offenses, possession of illegal pornography involves direct and collateral consequences. The direct consequences include lengthy court supervision, high fines, and a registration requirement. The collateral consequences are often worse. Most studies show that the general population views all sex… Read More »
Beating The Breathalyzer In A Florida DUI
According to scientific sources, a Breathalyzer’s BAC estimate is off by at least .01 about 33 percent of the time. Note that we said “BAC estimate. Like the 1920s Drunk-o-Meter which preceded it, the Breathalyzer uses breath alcohol level to determine blood alcohol level. That extra step means several things could be wrong with… Read More »
Non-Intoxication Defenses To DUI Drug Cases In Hillsborough County
In many jurisdictions, “stoned” driving is a bigger problem than “drunk” driving. Florida’s DUI law, although it is rather broad, is somewhat more limited than similar laws in other states. In the Sunshine State, it’s illegal to operate a motor vehicle “under the influence of alcoholic beverages, any chemical substance set forth in s…. Read More »
Expunging Or Sealing Juvenile Criminal Matters In Hillsborough County
Once courts release defendants from their sentences, the effects of a criminal conviction linger, often forever. Contrary to popular myth, juvenile convictions in Florida are not expunged or sealed automatically. Instead, these convictions continue to stain your permanent record. Under Florida law, these individuals have some options. These options could open doors to former… Read More »
Top Five DUI Defenses In Florida
Many people assume they are automatically guilty in a DUI case if they provide a chemical sample and the sample is above the legal limit. About 80 percent of Florida DUIs involve such chemical tests. Granted, an adverse chemical test result makes these cases much easier to prove in court. However, the state must… Read More »
Top Five White Collar Crimes in Hillsborough County
In 1939, sociologist Edwin Sutherland defined “white collar crime” as financially motivated, nonviolent crimes. These labels are not entirely accurate. For example, many computer criminals break into banks and other institutions to make a statement, not to steal money. Furthermore, anyone who has ever been the victim of identity theft or a Ponzi scheme… Read More »
Pre And Post Conviction Resolutions In Hillsborough County
Trials are inherently risky. There’s simply no telling how twelve jurors will view the evidence in a given case. Plea bargains avoid this risk. That’s mostly why about 95 percent of criminal cases settle out of court. These resolutions usually feature reduced charges and/or a reduced sentence. Although that’s not the same thing as… Read More »
The Three Ps Of Drug Possession
In the late 1980s, mostly in response to the drug overdose death of college basketball standout Len Bias, lawmakers approved a slew of harsh anti-drug laws. Extremely aggressive enforcement of these laws continued until the late 2000s. At that time, lawmakers began rolling back some of the harsh laws. Moreover, former President Barack Obama… Read More »
FAQs About Florida’s Sex Offender Registration Laws
The brutal sexual assault and murder of a 9-year-old girl by a registered sex offender prompted decisionmakers to approve Jessica’s Law in 2005. This law has arguably one of the harshest sex offender registration requirements in the country. Recently, some jurisdictions have rolled back these requirements, mostly because some former advocates of strong registration… Read More »
Taking On Drug Trafficking Charges In Hillsborough County
Almost all drug crime prosecutions in Florida are simple possession cases. However, whenever possible, authorities like to cut the head off the Hydra and prosecute suspected drug traffickers. A few drug trafficking prosecutions involve complex, multi-state distribution networks and are otherwise highly sophisticated. But most of these matters are low-level matters, such as a… Read More »