Author Archives: Jay Butchko
Top Five Search Warrant Exceptions in Florida
For many years, the Fourth Amendment’s prohibition of warrantless searches and seizures was nearly absolute. Then, mostly in the 1950s and 1960s, the Supreme Court created several search warrant exceptions, mostly based on the “reasonable search” requirement in the Fourth Amendment. In other words, the following searches and seizures are reasonable and therefore allowable,… Read More »
Challenging the DUI Field Sobriety Tests
If the defendant refuses to provide a chemical sample, prosecutors use the field sobriety tests to prove intoxication in court. If the defendant provides a sample, the three approved FSTs constitute evidence of probable cause. Either way, the FSTs are one of the most critical bits of evidence in a DUI prosecution. To bolster… Read More »
Officers on the Hunt for Murder Suspect
A 35-year-old man with an extensive criminal record is on the run and wanted for the murder of his wife. Deputies responded to a residence on Meadson Road on a report of a shooting. Officers arriving at the scene found the 35-year-old female, dead from an apparent gunshot wound. In 2009, the suspect was… Read More »
Formal and Informal Sealing in White Collar Criminal Cases
Frequently, the collateral effects of a criminal conviction are worse than the direct effects. Embezzlement, bribery and other white collar crimes are a good example. These offenses basically combine theft with a betrayal of trust. Therefore, the damage to a defendant’s professional reputation is significant. Usually in these cases, a defendant’s reputation is very… Read More »
Top Five DUI Checkpoint Requirements
Almost immediately after the Supreme Court allowed state law enforcement agencies to deploy sobriety checkpoints, Florida lawmakers passed an enabling statute. So, from a theoretical standpoint, all DUI checkpoints in Florida are legal. But, as the old saying goes, the devil is in the details. The Supreme Court’s directive had some strings attached. Sobriety… Read More »
Basic Rules of Evidence in Criminal Cases
We know it’s a trite saying, but if you don’t follow the rules, you cannot win the game, regardless of how well you play. The written rules of evidence and procedure in Florida criminal cases contain hundreds of provisions. The unwritten rules, which vary in different courts, contain hundreds more. All these rules fall… Read More »
What Kinds of Expungement Are Available in Florida?
The short-term, direct consequences of a criminal conviction, like high fines and extended court supervision, are bad enough. The long-term, collateral consequences could be even worse. Common long-term consequences include immigration and travel issues, security clearance problems, and employment issues. These effects fade over time but never completely disappear. So, a Tampa criminal defense… Read More »
Five Most Common Juvenile Crimes
Recently, many lawmakers on both sides of the aisle have determined to get tough on crime. To accommodate this attitude, many local law enforcement agencies have embraced the controversial scared straight theory of juvenile crime enforcement. Advocates claim this approach nips violent crime in the bud. Opponents claim it unfairly targets children and unfairly… Read More »
What’s the Difference Between Standard and Intensive Probation?
As far as probationers are concerned, all probation is intensive. Florida law contains a number of restrictive conditions. The judge isn’t legally required to inform the defendant of these standard conditions at the time of sentencing. Furthermore, Florida law gives judges almost complete discretion to add other conditions, as long as they don’t abuse… Read More »
Can I Get Unsupervised Probation in Florida?
In some states, only certain offenders, like nonviolent offenders, are eligible for unsupervised probation. But in the Sunshine State, the judge may order unsupervised probation in any case. “Unsupervised” doesn’t mean completely unsupervised, at least in most cases. However, this form of probation has, by far, the fewest rules and restrictions to follow. That’s… Read More »
