Author Archives: Jay Butchko
The New Pot Breathalyzer and How It Affects Florida DUI Laws
Florida law enforcement has relied upon breathalyzer technology for decades as part of the strategy to combat drunk driving. These devices are the preferred, non-invasive method for chemically analyzing the blood alcohol concentration (BAC) of a motorist suspected of DUI. Soon, the criminal justice community may have access to similar technology in the fight… Read More »
Objections You May Hear in a Florida Criminal Case
If you’ve ever watched coverage of a trial on TV or in films, you’ve no doubt experienced the drama that grips the courtroom when an attorney stands up and shouts “Objection.” While it makes for a great storyline in fictional accounts, objections are essential tools in a criminal trial. The point is to keep… Read More »
Florida Woman, 4 Children Dead: Will Suspect Face Federal Charges?
The story of the mysterious disappearance of a Marion County, FL woman and her four young children came to a tragic end when the bodies of all five victims were discovered many miles away in rural Georgia. According to a September 16, 2019 article in the Miami Herald, none of the individuals had been… Read More »
How Can I Keep My Breathalyzer Test Results Out of a Florida DUI Court Case?
It’s hard to remember a time when the law enforcement community was NOT cracking down on drunk driving. In fact, in 2018, the Florida Department of Highway Safety and Motor Vehicles reports that police arrested 4,043 people in Broward County alone. Obviously, breathalyzer test results are usually key for prosecutors in getting convictions against… Read More »
No Death Penalty in Amato Case
A high profile murder case in Florida came to an end recently, as a man who was found guilty of First-Degree Murder received a sentence of life in prison without parole instead of the death penalty. According to an August 15, 2019 article in the South Florida Sun-Sentinel, jurors need just three hours to… Read More »
Overview of Florida’s Criminal Trespass Laws
You may not think too much about wandering onto someone else’s property, so you could be shocked to learn that this is a big deal under Florida law on criminal trespass. The basic description of the crime is willfully entering or remaining on real property without the owner’s permission, or returning to the location… Read More »
Common Grounds for Dismissing DUI Charges in Florida
The best possible outcome in a drunk driving case is to get the charges dismissed as early on in the process as possible, well before your trial. Typically, this occurs through pretrial motions, which are covered under the Florida Rules of Criminal Procedure. The basis of such a motion to dismiss is the argument… Read More »
Can I Withdraw a Guilty Plea in a Florida Criminal Case?
You might experience buyer’s remorse in many different contexts, but regret takes on new meaning when it relates to a guilty plea in a Florida criminal case. When you’re overwhelmed by the criminal process and potential punishment, a deal proposed by the prosecuting attorney may seem wise. However, you may be having second thoughts… Read More »
Myths Regarding White Collar Crimes in Florida
Most people are familiar with the term “white collar crime,” but many are unclear about what the laws cover, potential, punishment, and other details. These offenses are typically based upon fraud schemes, which are described in Florida’s statute on False Pretenses and Frauds. The basic form of the crime is making intentionally deceptive statements… Read More »
School’s Back in Session for Florida Colleges
Classes will soon be in session at the numerous colleges and universities around South Florida, drawing in some students who are experiencing life outside the supervision of their parents for the first time. As you might expect, these young individuals can make mistakes, many of which can result in criminal consequences. If you’re one… Read More »