Author Archives: Jay Butchko
Serious Nature Of Repeat DUI Charges In Florida
Whether you have heard from people you know or have been arrested for drunk driving in the past, you are probably familiar with the punishment if you are convicted. The penalties for a first-time violation of Florida law on Driving Under the Influence (DUI) include a sentence of up to six months in jail…. Read More »
What Happens At A Sentencing Hearing In A Florida Criminal Case?
In some Florida criminal cases, the court will not immediately sentence the defendant after entry of a guilty or no contest plea, a jury’s verdict of guilt, or a judge’s finding of guilt at a bench trial. Though not as common for misdemeanors, a separate proceeding is held after many felony convictions since the… Read More »
Rights You Give Up With A Florida Criminal Conviction
Florida ranks third among US states in terms of population according to the 2020 Census figures, so it is not surprising to learn that the number of arrests is high. The Florida Department of Law Enforcement (FDLE) reports that state, county, and local officials make a whopping 680,000 arrests throughout the state in an… Read More »
3 Things You Did NOT Know About Florida Assault Charges
The term assault is often used interchangeably with an attack or other violent offense, but Florida’s criminal statutes include very specific definitions when it comes to charging someone with a crime. To further complicate things, state laws refer to battery both as a distinct offense and an associated crime depending on the circumstances. When… Read More »
Statistics On Identity Theft Offenses And Convictions
Identity theft has been a serious problem for decades, and the increased reliance on internet and telecommunications networks has only heightened the potential for massive fraud schemes. Data compiled from multiple sources reveals some interesting trends regarding identity theft in Florida and across the US: Around 9 million Americans have their identities stolen every… Read More »
4 Common Issues Raised In Florida Criminal Appeals
After being convicted of a crime in Florida, you may have grounds to appeal certain findings if you believe the judge made errors at the trial level. As described by the Florida District Courts of Appeal, the point of the criminal appeal process is to ensure clarity and consistency in application of the laws…. Read More »
South Florida Woman Faces Weapons Charges After Child Shot
Poor judgment and need for a nap abruptly turned into criminal charges for a South Florida woman whose lapse in caretaking led to a 7-year-old boy being shot by his sibling. South Florida’s NBC News Channel 2 covered the story, in which officers were dispatched to a residence at 2 a.m. and found a… Read More »
Is Workers’ Comp Fraud A White Collar Crime In Florida?
If you are looking for a simple Yes or No to the question, you may not get a firm answer on whether workers’ compensation fraud is a white collar crime under Florida law. This is because there is no mention of “white collar” in the relevant state statute; the term is an umbrella expression… Read More »
What Is The Difference Between Rape, Sexual Assault, And Sexual Battery In Florida?
To start, you should note that the question itself is quite misleading and much of the confusion stems from terminology. There is only one statute that covers unlawful sexual conduct of a nonconsensual nature, i.e., what you commonly associate with rape: The Florida statute on sexual battery. When you review the specific acts that… Read More »
How Alcohol Affects Your Body And Florida DUI Cases
Motorists are well-aware that Florida drunk driving laws are tough, but you may not fully understand the reasons for such harsh treatment. Put simply, officials discovered decades ago that consuming high amounts of alcohol can have extreme effects on the human body. A driver becomes dangerous to others after a few drinks, so Florida’s… Read More »