Author Archives: Jay Butchko
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 »
What Evidence Is Admissible In A Parole Revocation Hearing?
When a person is given probation–or “supervised release,” as it is known in the federal court system–they must follow a number of conditions in order to stay out of jail. As you might expect, one of those conditions is that the defendant cannot commit any additional crimes. If prosecutors have reason to believe the… Read More »
How “Commerce” Can Affect A Child Sex Crimes Prosecution
Sex crimes involving minors–notably child pornography–are often prosecuted at the federal rather than state level. The main reason for this is that Congress has the exclusive right to regulate interstate and foreign commerce. So if a criminal act involves commercial activity that somehow crosses state or international boundaries, that allows the federal government to… Read More »
Can A Judge Rewrite A Divorce Settlement After The Fact?
Divorce cases are often resolved with both parties negotiating and signing a marital settlement agreement. Once approved by the court, the agreement is a legally binding contract. As one Florida appeals court recently observed, the language used in such agreements “must be crafted with precision, and when they are not, the parties should neither… Read More »
When Can A Judge Order Pretrial Detention Of A Criminal Suspect?
In most Florida non-capital criminal cases, a defendant is entitled to reasonable bail. State law, however, does make a number of exceptions. Some may surprise you. For example, a person charged with DUI manslaughter–drunk driving that results in death–can be ordered held pending trial under certain circumstances. Specifically, Florida law states that pretrial detention… Read More »
When Is Expert Testimony Inadmissible In A Criminal Trial?
Expert witnesses provide context and analysis for jurors who are presumed to lack specialized knowledge in certain areas. Both the prosecution and the defendant may call expert witnesses in support of their case. But the judge has the final say on whether such witnesses are actually permitted to testify. Under a rule known as… Read More »
How Statutory Rape Laws Work In Florida
Let’s consider the following hypothetical situation. David is a 25-year-old graduate student. He goes to a local bar one night to enjoy a few drinks with his friends. While at the bar looking to get another beer, he meets a young woman named Irene. She’s sitting by herself and sipping a drink. David decides… Read More »
What Is The Difference Between A Bench And Jury Trial In A Florida Criminal Case?
You likely already know that when you are charged with a serious crime in Florida, you have the right to a trial by jury. But can you waive that right? What happens if you want the judge to decide your case without a jury? And is there any reason you should want to do… Read More »
What Is The Difference Between Felony And Misdemeanor Trespassing In Florida?
We have all seen “NO TRESPASSING” signs. So what happens if you ignore the sign and trespass? Have you actually committed a crime? Under Florida law, the answer is yes. Section 810.09 of the Florida Statutes defines “trespass on property other than a structure or conveyance” as a first-degree misdemeanor. The statute also contains… Read More »
