Author Archives: Jay Butchko
How Does The “Insanity Defense” Work?
In television courtroom dramas, you will often see fictional defense lawyers present an “insanity defense” in an attempt to get their clients off. In reality, the use of the insanity defense is quite limited and restricted. In federal criminal cases, for example, the law states that it is an affirmative defense in a criminal… Read More »
Will An Appeals Court Re-Weigh The Evidence Against Me?
When a person has been convicted of a criminal offense in Florida, they have the right to an appeal. The appellate process itself is sometimes misunderstood. An appeal is not a new trial. An appeal may lead to a new trial, but the appellate court itself will not retry a case or re-weigh the… Read More »
How Does The “Excited Utterance” To The Hearsay Rule Work In A Florida Criminal Trial?
There are strict rules governing the admission of evidence in a Florida criminal trial. One of the most important rules is the general prohibition against hearsay. The word hearsay refers to out-of-court statements offered to prove the truth of the matter asserted. There are exceptions to the hearsay rule. One of the most commonly… Read More »
Can A Judge Use My Claim Of Innocence Against Me At Sentencing?
As you probably know, you have a constitutional right against self-incrimination. This means you cannot be compelled to testify at your own criminal trial. Of course, you can still choose to testify but anything that you do say could be used against you. When a person is convicted of a crime, there is usually… Read More »
What Happens If My Lawyer Failed To Call A Key Witness At My Criminal Trial?
A common reason that criminal defendants apply for post-conviction relief following a guilty verdict is that their trial counsel was somehow “ineffective” in failing to take a certain action that could have changed the outcome. Not all decisions or mistakes made by a trial lawyer are grounds for relief, of course, but when there… Read More »
Do I Have To Report An Accident Involving Unattended Property?
If you are involved in a minor car crash and no other person is involved, your first instinct might be to count your blessings and get back in your car and drive away. However, if your accident resulted in damage to any “unattended property”–such as another vehicle with no occupants or even a fixture… Read More »
When Can I Seek An “Emergency” Modification Of Child Custody In Florida?
Once a Florida court has issued a final order regarding child custody, it is not a simple process to make changes. If either parent seeks a change, they must file a separate petition with the court. And that parent must then overcome what is commonly described as the “extraordinary burden” of proving that a… Read More »
How Does A Court Decide Who Gets The Family Dog In A Florida Divorce?
Child custody is often the most emotionally fraught source of conflict between parties in a divorce. But for many couples, deciding who will get custody of a pet is just as important. Indeed, many people treat their “fur babies” the same as they would their human children. Florida law, however, does not see it… Read More »
Will I Have To Serve Probation Or Take A Substance Abuse Course Following A DUI Conviction?
A DUI conviction in Florida carries more than possible jail time. Florida law also requires that all persons convicted of a drunk driving offense be placed on “monthly reporting probation” and complete a state-licensed DUI program that may lead to further substance abuse treatment. These probation and course requirements are mandatory and apply regardless… Read More »
Florida Man Admits To Having Gun In Car, Charged With Illegal Concealed Carry
The right to “keep and bear arms” is quite complicated in practice. There are many situations where a person commits a crime simply by having a concealed firearm in a certain place. And when we speak of a “concealed” firearm, that does not necessarily mean the person has the weapon on their immediate person…. Read More »
