Author Archives: Jay Butchko
Top Five Search Warrant Exceptions
During the Colonial period, Americans resented the fact that British officials used blank search warrants to rummage through their personal property any time they wanted to do so. So, the Founding Fathers added the Fourth Amendment to the Constitution. This provision states that search warrants must be based on probable cause. Over the years,… Read More »
What’s the Burden of Proof in Criminal Court, And Why Does It Matter?
In what many people considered the trial of the century, former football star O.J. Simpson was acquitted of double murder charges in the mid 1990s. A short time later, a civil jury considered essentially the same evidence and concluded that Simpson was legally responsible for the murders of Nicole Brown Simpson and Ronald Goldman…. Read More »
Five Ways to Remove Your Name from Florida’s Sex Offender List
Frequently, the collateral consequences of a criminal conviction are worse than the direct consequences. That’s normally the case regarding sex offenses, particularly if the defendant is a first-time offender. These individuals might receive little or no jail time, but they must register as sex offenders. Additionally, these individuals must place special license plates on… Read More »
Contesting the Field Sobriety Test Results in a DUI
The FST results are often the most critical element of the prosecutor’s case in a DUI. In most cases, the FST results serve as probable cause for the demand of a chemical sample and a subsequent arrest. In some cases, the FST results are also the best evidence of intoxication. As outlined below, the… Read More »
How Do Tampa Attorneys Resolve Criminal Cases?
Once upon a time, when the Republic was founded, criminal defendants looked forward to their day in court. But these days usually do not happen anymore. Only about 2 percent of today’s criminal cases go all the way to trial. For the most part, these plea bargains are good things. They usually involve reduced… Read More »
Three Common Search Warrant Exceptions
During the Colonial period, British officials used blank warrants to search private property at will. So, the Framers added the Fourth Amendment to the Constitution. Almost immediately, the courts carved out some exceptions to the warrant requirement. Over the years, these exceptions have broadened to the point that officers rarely bother to obtain search… Read More »
Reasonable Suspicion in a Tampa DUI Case
Unless the stop occurred at an approved DUI sobriety checkpoint, officers must have reasonable suspicion to detain motorists. This rule, which comes from 1968’s Terry v. Ohio, has been watered down over the years. However, the rule itself still stands. Officers must have specific, articulable facts to detain suspects. In plain English, that usually… Read More »
Special Consent Rules in Florida Sex Crimes Cases
Many states very narrowly define consent in sexual battery matters. But Florida’s definition is rather broad. The law defines “consent” as “intelligent, knowing, and voluntary consent.” Perhaps most significantly, there is no reference to prior encounters between the two parties. So, in the Sunshine State prior consent could be evidence of current consent. Nevertheless,… Read More »
The Three Ps of a Drug Possession Charge
The War on Drugs perhaps saw its most surreal moment when Elvis met Nixon in the White House in December 1970. The King asked Nixon to make him an undercover marshal, because according to a letter he gave the President, Elvis had “done an in-depth study of drug abuse and Communist brainwashing techniques.” We… Read More »