Author Archives: Jay Butchko
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 »
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 »