Author Archives: Jay Butchko
Breaking Down Informal Probation in Florida
The key component of informal probation in the Sunshine State is deferred disposition. Quite simply, the judge “defers” the “disposition” of guilt until the defendant’s probation ends. Otherwise, informal probation is usually identical to standard probation, as outlined below. Probation began as a small, private jail alternative in the Northeast in the 1800s. Today,… Read More »
How Shocking is Shock Probation?
By the numbers, shock probation is shocking. The shock probation recidivism rate is significantly lower (25 percent) than the overall recidivism rate (40 percent). Basically, shock probation combines incarceration and probation. Usually, defendants serve a few weeks in jail before their probationary terms begin. The theory, which is apparently sound, is that jail is… Read More »
One Florida City Reinstates Juvenile Curfew
Children in New Smyrna Beach, Florida are subject to immediate arrest if they’re out after 11 p.m. on school nights or midnight on weekends. Proponents argue curfews curb crime and protect youth by keeping them off the streets. “If you limit the opportunity for youth to be out at 11 o’clock, 12 o’clock, one… Read More »
Serious Domestic Violence Incident in Lake Worth Beach Airbnb
A 33-year-old man faces multiple criminal charges after he allegedly beat his wife’s lover with a baseball bat. The man was carrying an aluminum bat when he confronted his wife and his wife’s lover, according to surveillance video. The man allegedly hit the boyfriend three times before his wife stopped the attack. “Don’t come… Read More »
Breaking Down a Pornography Possession Case in Hillsborough County
The First Amendment protects most pornographic videos, literature, and so on. But the First Amendment doesn’t protect obscene material or child pornography. Obscenity is somewhat vague. Supreme Court Justice Potter Stewart famously wrote that I cannot define obscenity, but “I know it when I see it.” Legally, material is obscene if it violates contemporary… Read More »
Following the ‘Clues’ in a Homicide Investigation
Most of us know about being bored in lockdown. Clue (Cluedo in most other countries) was the product of a much earlier lockdown. As he was bored at home during World War II bombing raids, Anthony Pratt drew on Agatha Christie books and murder mystery party games to create Clue. With some variations, the… Read More »
Resolving a Drug Possession Case in Florida
The Sunshine State isn’t very sunny when it comes to drug possession penalties. These penalties, which include mandatory minimums in some cases, are among the harshest in the country. Some of these laws are leftovers from the 1980s get-tough-on-drugs era which followed the overdose death of basketball phenom Len Bias. More recently, many states… Read More »
Florida Man: I Was Beaten in a Hate Crime Assault
A Coconut Grove man said two assailants shouted gay slurs while they beat him and left him for dead on the street one night. The man said he was targeted while he was walking home, just after midnight. The victim said two men punched and kicked him over and over again while they called… Read More »
Occupational Drivers’ Licenses in Florida: A Step by Step Guide
Loss of driving privileges in a DUI, DWLS (driving with a suspended license), or other such case is often a harsher punishment than probation and fines. According to Section 322.271 of the Florida Statutes, a judge “may” give a person a hardship license if the applicant meets minimum requirements. Meeting these requirements is easy…. Read More »
Hate Crime Defendant Gets Probation
A 55-year-old man, who faced decades in prison, pleaded guilty to hate crime-enhanced assault stemming from an incident at a 2019 MLK Jr. Day protest. As a condition of his deferred disposition probation, the man cannot possess firearms for a decade, must perform 300 hours of community service, take anger management classes, and attend… Read More »