Author Archives: Jay Butchko
Medical Necessity Doctrine: How Defendants May Protect Themselves from Being Prosecuted for their Use of Medical Marijuana
In November, Florida voters will be able to make a statutory change to the Florida’s current drug laws, more specifically the legalization of medical marijuana. This would have an immense impact on drug laws and their criminalization within the state. The Governor just signed into force the Compassionate Medical Cannabis Act of 2014, which… Read More »
Death Row Inmates Are Now Required to Appeal Their Death Sentences
In a recent case decided this year, defendants’ rights (and the attorneys who represent them) may be overridden by procedures mandated by Florida statutes. The Florida Supreme Court decided this last July that a death row inmate must seek an appeal, as required by statute, even though the death row inmate has no desire… Read More »
From “Frye” to “Daubert”: How New Expert Testimony Rules Can Affect Your Case
In any criminal and civil case, both parties are able to bring admissible evidence into court to help prove that their side of the story is more likely than not to happen. Though civil and criminal cases have different standards for how convincing the evidence must be before a sentence or judgment is put… Read More »
Troubled Twins? New DNA Method May Finally Reveal the Good Twin from the Bad
Technological advancements in our society have changed the way trials are held, and the admissibility of this new technology as evidence may increase the probability of charging the guilty and releasing the innocent. The most recent technological advancement in DNA testing might be used in Boston for the first time in the U.S. In… Read More »
“Homelessness” is a Protected Class under Florida’s Hate Crime Legislation
When one thinks of “hate crime,” one usually thinks about an assault committed against a member of a vulnerable community; generally an offense related to a racial, gendered, ethnic, disability, or sexual orientation prejudice. Nationwide, any offense that is found to be a hate crime carries with it significantly harsher sentences for the offenders…. Read More »
Disgruntled Employees: The New Wave of Intellectual Property Offenders?
The technology renaissance has given private individuals and corporations alike the opportunity to use sophisticated technology in their everyday, personal and business lives. The amount of incredible ways that this technology may be utilized daily has made it an incredible resource, as well as a terrifying enemy depending, on who is manipulating the equipment…. Read More »
Prosecutor’s Full Discretionary Power to Charge Juveniles as Adults Reviewed
The decision whether or not to try juveniles as adults has been in the hands of prosecutors since 1994. As a result of this “direct file” law, Florida prosecutors are given full discretion to determine which juveniles will be tried as adults, without judicial review or supervision. Between 2012 and 2013, more than 98… Read More »
Are Teenagers the New Face of Sexual Offenses?: “Sexting” Laws in Florida
Generally, when society uses the term “sexual offenders,” our brains automatically imagine the defendant to be an adult preying on children. There are, however, laws currently put into place which may protect children and teens from the actions of other teens. The most recent of events to take place in Florida involves two teens… Read More »
Florida Law Takes Tougher Stance on Hit-and-Run Accidents
This summer, Florida lawmakers have taken a tougher stand on hit-and-run drivers with new legislation. The Aaron Cohen Life Protection Act was signed into law by Governor Rick Scott in June 2014, which increases the penalties against drivers who flee the scene of an accident. The bill, which was proposed by state Senator Miguel… Read More »
One Act, Two Charges: Florida’s New Law on Crime against Pregnant Women
A new law signed into effect in June 2014 will change a new facet of the criminal justice system. Governor Rick Scott signed into law “Florida Unborn Victims of Violence Act” which makes it a criminal offense to cause the death of, or bodily injury to, an unborn child during pregnancy. The bill was… Read More »