Author Archives: Jay Butchko
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 »
The Three Ps Of A Drug Possession Case
Large drug seizure cases often dominate the headlines, but simple drug possession cases usually dominate court dockets in Hillsborough County and nearby jurisdictions. This approach might be a little behind the times. Especially in the post-opioid crisis era, many jurors view drug possession matters as health and safety issues as opposed to criminal law… Read More »
Dealing with Domestic Violence Charges in Hillsborough County
In many jurisdictions, domestic violence arrests account for almost two-thirds of all violent crime arrests. These situations could potentially deteriorate quickly and end badly. Therefore, law enforcement usually intervenes early, frequently, and aggressively. This approach almost certainly reduces the number of tragic endings. However, the dragnet approach also ensures a number of people who… Read More »
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 »