Author Archives: Jay Butchko
Breaking Down a DUI-Drug Case in Florida
Many states have very broad DUI-drug laws. Almost anything in your pantry, refrigerator, or medicine cabinet, including caffeine and sugar, could be an impairing substance. But Florida’s DUI-drug law is much more narrow, at least in terms of possibly intoxicating substances. More on that below. Despite the law’s narrow focus, DUI-drug cases are extremely… Read More »
Keeping Juvenile Criminal Records Clean
Under Florida law, adults with juvenile criminal records can petition the court for expunction. However, in most cases, former offenders must wait until they turn 26 to use the automatic expunction provision. Most people begin their adult lives much earlier than that. A criminal record often precludes military enlistment and creates other hardships. Furthermore,… Read More »
Alleged Car Thief Arrested in Hillsborough County
A lengthy investigation failed to nab an alleged car thief. However, police officers got lucky at a random traffic stop. Deputies arrested the 27-year-old suspect during a traffic stop on the black Dodge Charger he was driving at the intersection of East Busch Boulevard and North Larkhall Place for multiple traffic infractions. He was… Read More »
Broward County Hate Crime is Part of Rising Tide
A 47-year-old man faces serious criminal charges after he allegedly tore off a woman’s hijab then physically assaulted her. According to an affidavit, after the man made an obscene gesture toward the woman and told her to “go back to her country,” he ripped off the victim’s hijab, then began to slap and punch… Read More »
What Are Some Common Conditions of Bail?
Pretrial release is available if the terms, mostly the financial terms, guarantee the defendant’s appearance at trial and the defendant is not a danger to public safety. So, the conditions of bail don’t end after money changes hands. In fact, in many cases, the conditions of bail are just beginning. More on that below…. Read More »
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 »
