Author Archives: Jay Butchko
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 »
How Equitable Division Works in a Contested Florida Divorce Case
When a divorce is contested–that is, the parties cannot agree on key issues like the division of property or alimony–Florida law requires a judge to make certain “factual findings” before resolving the dispute. First, the judge needs to identify and assign value to all marital and nonmarital assets (and liabilities) that belong to the… Read More »
How a Decision to Sever a Child-Parent Relationship Can Affect Your Child’s Inheritance Rights
Once paternity of a child is established under Florida law, the father cannot unilaterally sever the parent-child relationship. Instead, certain procedures must be followed. Even in cases where the biological father agrees to termination in order to permit a stepparent adoption, the original paternity relationship remains in effect until a court signs a final… Read More »
Can a Florida Court Impose a Lifetime Pet Ownership Ban Following an Animal Cruelty Conviction?
In 2018, outraged Florida residents successfully convinced the state legislature to stiffen penalties for individuals convicted of abusing animals. Known as “Ponce’s Law,” the legislation was named for a Labrador retriever puppy found beaten to death in Ponce Inlet. The animal’s owner was later charged with felony animal cruelty. Florida Appeals Court Addresses Namesake… Read More »
The Role of a Jury in Deciding a Mandatory Minimum Sentence
Many crimes carry increased penalties if certain “elements” are proven. For example, in a famous 2013 case that went all the way to the U.S. Supreme Court, a New Jersey defendant was found guilty of carrying a firearm while committing a violent crime. Under New Jersey law, the mandatory minimum sentence for this offense… Read More »
