Author Archives: Jay Butchko
The Williams Rule: The Importance of Character Evidence in a Criminal Proceeding
During a criminal proceeding, the most important deciding factor for how the proceeding will be determined is based largely on ruling made by the jury. Even more important is the evidence that is admitted during the proceeding, which will be evaluated and assessed by the jury when deciding the outcome of the case. Rules… Read More »
The “Timely Justice Act” Upheld: Opponents Call the Act the Death Penalty Fast Track
Florida’s death penalty laws have been the subject of controversy and debate. Florida is touted as having one of the highest death penalty rates in the country, largely due to the current death penalty system in place. The death sentence in Florida is invoked more easily than in any other state. Death Penalty Jury… Read More »
Drivers’ Rights in DUI Situations: The Field Sobriety Tests
When driving around Florida, it is extremely important to be aware of the laws and obligations that are required of you while operating your motor vehicle. While laws and obligations are important to understand, as ignorance is not an excuse for any traffic violation, on the other side of the coin, operators of motor… Read More »
Trust and the Law: The Attorney-Client Privilege & Spousal Privilege in Florida
Trust is an extremely important facet of our lives. There are many aspects of our lives where we need to share with another person information that we would like to protect or at least keep from the rest of the public. Many of our relationships involving trust appear in different settings and span many… Read More »
Harsher Felony Sentencing for Sexual Misconduct in Schools
A new act in Florida has come into effect at the beginning of the October whereby sexual misconduct by authority figures against students will be more harshly penalized than before. Originally known as the Stargel bill, named for state Senator Kelli Stargel, is now the “Sexual Misconduct with Students by Authority Figures Act.” Purpose… Read More »
Identity Theft Targets Children: Florida Fights Back with New Law
A new class of victims targeted by identity thieves has come to light: children. In the last decade, children have attracted a significant amount of identity thieves who have targeted young children because of the least amount of attention that these crimes attract. Because children generally do not take out loans nor are involved… Read More »
Civil Commitment: A Violation of Due Process Rights?
On October 1, 2014, a significant number of state bills signed by Governor Rick Scott went into effect. One of the packages of bills that recently went into effect will have a significant impact on sexual offenders residing within the state and future offenders. Civil Commitment: October 2014 Amendment The first bill, Senate Bill… Read More »
Florida Passes New Standards for Eyewitness Identification Methods and Testimony
Many times when a criminal defendant is being charged with a crime, the most damning evidence against him or her is the eyewitness. In our country, we place a significant amount of weight on people’s abilities to perceive an event. Misidentification is More Common than Originally Thought According to the Innocence Project, eyewitness misidentification… Read More »
Non-English Speaking Defendants: What are their Rights?
For most people who have little to no experience in the criminal justice system, it can be frightening to go to court for the first time, whether it be criminal or civil trial. The terminology can be confusing, the procedure strict and seemingly unfair, and you never know the full extent of the consequences… Read More »
The Complexities of Double Jeopardy
The George Zimmerman case brought to light a significant number of complex legal issues that have made many more fascinated (and possibly confused) at how the criminal justice system works. The Zimmerman case is most well-known for the imposition of the “Stand Your Ground” law that has been at the forefront of Florida’s legal… Read More »