Author Archives: Jay Butchko
Strategies For Reducing Murder Charges In Florida
Even though murder is one of the most serious crimes in Florida, punishable by life in prison or possibly the death sentence, statistics reveal that arrests for this offense are not exactly rare. According to the Florida Department of Law Enforcement (FDLE), more than 780 people are charged with various forms of homicide statewide… Read More »
Florida Takes A Hardline Stance On “Swatting” And False Reports Of Crime
For anyone that has ever been falsely accused of criminal activity, it should come as welcome news that the Florida House of Representatives recently passed a measure that would stiffen sanctions for misconduct. HB 371 was enacted in the wake of two disturbing cases: A false report of a hostage situation led police to… Read More »
5 Reasons You Never Speak to Police Without a Florida Criminal Defense Lawyer
In any encounter with police, the best strategy is cooperating with officers’ instructions and complying with two key words: Keep quiet. The primary reason for not making any statements or answering questions is that you disregard your Fifth Amendment right against self-incrimination by allowing police to get information from you. Everything you say could… Read More »
What Is The Difference Between Part I And Part II Crimes In Florida?
The best way to explain this method of classifying crimes is to describe what it is NOT: The terminology behind Part I and Part II offenses does not create a distinction like felony or misdemeanor, and the concepts do not dictate the punishment for a conviction. Instead, the descriptions are how the Federal Bureau… Read More »
Four Strange Ways To Get A DUI In South Florida
There are the Florida DUI roadside stops that you expect: If you are speeding and erratically changing lanes, then blow through a stop sign while chugging a bottle of booze, police WILL pull you over. However, there are many other legal details contained within the language of Florida’s statute on drunk driving, and many… Read More »
What Is Florida’s “Romeo And Juliet” Law?
Sex crimes involving children are treated very seriously under Florida law, with most being felonies punishable by years’ long imprisonment terms and fines. Plus, there is the collateral consequence that extends well after a criminal sentence: The requirement to register as a sexual offender or sexual predator. However, Florida and many other US states… Read More »
Myths About Equipment Violations And Florida DUI Stops
You already know that the penalties for violating Florida’s statute on driving under the influence of alcohol (DUI), are harsh. You could face fines and jail time if convicted, plus you are looking at a lengthy driver’s license suspension that could severely impact your employment and personal freedoms. What you may not realize is… Read More »
What Can Florida Police Do In A Pre-Arrest Investigation?
In some cases, it will be a phone call; in others, officers may knock on your door or show up at your job asking questions. Whatever the details of the scenario, it is clear that police want to speak with you about a criminal investigation. Problems enter the picture when you are not clear… Read More »
Comparing Organized And Communication Fraud Under Florida Criminal Law
There are numerous types of fraud described by Florida criminal statutes, which prohibit misconduct in connection with banking, insurance, securities, government benefits, taxes, and many other areas. Realizing that schemes to defraud based upon telecommunications have exploded in recent years, lawmakers enacted the Florida Communications Fraud Act. The law provides two specific schemes that… Read More »
Top 5 Crimes In South Florida
While the news headlines tend to focus on extreme, unusual, or simply stupid crimes, the true Top 5 Crimes in Florida might not be what you would expect. Murder rates are down and rapes have dropped according to the Florida Department of Law Enforcement (FDLE), which compiles statistics on arrests by county and statewide…. Read More »