Author Archives: Jay Butchko
Why Representing Yourself In A Criminal Trial Is A Bad Idea
Everyone has the right to the assistance of counsel when charged with a criminal offense. You should always invoke this right. Yes, you can legally represent yourself in court, but it is never a good idea. While you may think you can handle the rigors of a criminal trial without a lawyer, keep in… Read More »
The Differences Between Federal And State Criminal Appeals
When you are found guilty of a federal or state crime, you have the right to file an appeal. The appellate process is often confusing to individuals who have no prior experience with the criminal justice system. With that in mind, here is a brief overview of the federal and state criminal appeals courts…. Read More »
Can A Judge Order Me To Buy Life Insurance To Secure My Alimony Obligations?
Florida has complex rules governing the award of alimony in divorce cases. Alimony is not designed to punish a spouse for misconduct. Rather, it is supposed to ensure the receiving spouse has sufficient income to maintain their lifestyle and not become destitute following a divorce. To further these objectives, a judge may in certain… Read More »
What Happens When One Spouse Recklessly Spends Marital Funds Just Prior to a Divorce?
The basic rule in a Florida divorce case is that absent an agreement between the parties, a court will order an “equitable distribution” of marital assets. In many cases this means a 50/50 division. But there are exceptions. For example, if the court finds that if one spouse has engaged in a “dissipation of… Read More »
What the Florida Supreme Court’s Recent Decision to Abandon the “Single Homicide” Rule Means for Criminal Defendants
The Florida Supreme Court recently abandoned what had been known as the “single homicide” rule in criminal cases. The rule was first put in place by the Court several decades earlier to prevent the state from convicting a defendant for a single homicide under two different criminal statutes. This was deemed necessary to comply… Read More »
How Does Bail Work in a Florida Criminal Case?
When you are arrested on suspicion of committing a crime, your first appearance in court will be to establish your bail. The purpose of bail is not misunderstood. Bail is not supposed to be a punishment. The function of bail is to secure your appearance at any future court hearings related to your criminal… Read More »
What Is an “Inventory Search” and How Can It Affect a Sex Crimes Charge Against Me?
If the police lawfully impound your car, they have the right to conduct what is called an “inventory search” of its contents. Ostensibly, the purpose of an inventory search is to protect the police department against potential civil lawsuits if they lose any of the property contained within the car. However, if the police… Read More »
What Happens If the Police Illegally Arrest Me?
The police cannot lawfully arrest you unless they have “probable cause” to believe that you have committed some crime. Probable cause is lower than the standard for an actual conviction, which requires proof beyond a reasonable doubt, but it is more than “mere suspicion” you might have done something wrong. Note that probable cause… Read More »
The Role of Restitution in Florida Criminal Cases
In criminal cases, prosecutors may seek punishment beyond prison time. If there was an identifiable victim of the crime, the prosecution may also ask the judge to order the defendant pay restitution to that victim. In a theft case, for instance, the restitution order might require the defendant to compensate the victim for the… Read More »
Can You Challenge a Magistrate’s “Probable Cause” Finding on a Search Warrant?
Police normally need to obtain a warrant before searching any property that belongs to a criminal suspect, including samples taken of a suspect’s blood for chemical testing. A magistrate or judge must first determine whether the police have “probable cause” to believe the search will discover evidence of criminal activity. Probable cause is a… Read More »
