Author Archives: Jay Butchko
Effective Defenses in Electronic Pornography Possession Cases
Since mobile technology continues advancing, the law in this area is constantly evolving. The latest decision in this area came from the normally conservative Fifth Court of Appeals. 2021’s United States v. Morton once again sharply limited officers’ ability to search cell phones for illegal pornography. Furthermore, many people do not think there is… Read More »
Four Ways to Beat the Breathalyzer in a Florida DUI
The Breathalyzer is perhaps the most powerful technological tool in a DUI. The conviction rate is about twice as high in test cases as in non-test cases. Many people assume that Breathalyzer results are bulletproof in court. However, today’s Breathalyzer is nothing but an updated version of the Drunk-O-Meter from the 1920s. As such,… Read More »
The Three Types of Aggravated Assault in Florida
Florida basically has six aggravated assault laws. Since it arises in several different circumstances, aggravated assault is one of the most commonly-charged felonies in the Sunshine State. It is also one of the most serious felonies in Florida. Since it is a violent offense, the sentences are usually long. These convictions also have significant… Read More »
Top Five Drug Trafficking Charges
A drug trafficking offense could be anything from a single transaction to a complex, multistate operation. Generally, money does not need to change hands. If Terry gives her leftover pain pills to a coworker, Terry could be guilty of drug trafficking. Roughly 90 percent of these offenses involve one of the five substances listed… Read More »
How Does a Tampa Defense Lawyer Resolve Criminal Charges?
Two hundred fifty years ago, criminal trials, usually jury trials, resolved almost all criminal cases. The percentage gradually dropped over the years. However, even as late as the 1980s, the trial percentage was fairly high. Today, the trial rate is about 3 percent. Some cases plead out almost immediately. Others do not end until… Read More »
Does the ALR Hearing Matter in a DUI Defense?
Many defendants would say “no” to this question. They are not too far off base. After all, Administrative License Revocation hearings are difficult to win. Furthermore, the rules are very complex. So, many people conclude that a license suspension is inevitable and there is no point in fighting it. Generally, the ALR hearing occurs… Read More »
Three Most Common Search Warrant Exceptions in Drug Possession Cases
If you think the War on Drugs is over, think again. Drug possession arrests have increased significantly since 2015. Simple possession accounts for almost 90 percent of the drug arrests in Florida. Typically, things happen so fast in these cases that police officers do not have search warrants. So, prosecutors must rely on a… Read More »
Five DUI Checkpoint Requirements
Normally, the Fourth Amendment requires police officers to have reasonable suspicion of criminal activity before they can detain motorists. “Reasonable suspicion” is basically an evidence-based hunch. In this context, reasonable suspicion typically means a traffic violation, like speeding or failure to maintain a single lane. At that point, the DUI investigation begins with the… Read More »
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 »