Author Archives: Jay Butchko
DUIs Can Happen to Anyone, Just Ask This Broward County Judge
DUI and reckless driving charges are utterly commonplace. They’re so mundane, in fact, that even Florida state trial judges sometimes face them. As reported in the Fort Lauderdale Sun-Sentinel this week, Broward Circuit judge Lynn Rosenthal was charged with driving under the influence and reckless driving. On her way to the courthouse, Rosenthal accidentally struck a parked police patrol car…. Read More »
The Fine Points of Grammar Make All the Difference
What’s in a comma? For the defendant in the 2013 case of Talley v. State, the answer was “everything.” Mr. Talley was charged with assault and battery as a result of a domestic altercation. According to the victim’s version of events, Mr. Talley—without provocation—stabbed the victim twice with something sharp. The victim responded by forcibly pushing him away… Read More »
Drugs and Guns Sold Separately: What Difference Does It Make in Florida?
Suppose you’re involved in a drug dealing operation, but that you’re hardly the “main guy.” You make street-level transactions, obtain drugs from those above you in the cartel, and return cash to your suppliers. Suppose also that you happen, separate from that enterprise, to be in the business of selling illegal firearms. In order to protect… Read More »
Changes to Florida’s Hit-and-Run Laws
This past month, Governor Rick Scott signed a bill into law that will increase the penalties for hit-and-run drivers throughout Florida. As the Miami Herald reported this Thursday, Governor Scott held a ceremonial bill-signing to draw attention to the law, called the Aaron Cohen Life Protection Act. The law took effect on July 1, and imposes a four-year mandatory-minimum prison sentence for drivers convicted of… Read More »
An Accidental Death in Fort Lauderdale: Was It Murder? Was It Manslaughter?
Recently, the Fort Lauderdale Sun Sentinel reported that a 38-year-old man, Richard Gibbon, may have killed his 2-year-old nephew by allowing the child access to his prescription methadone. This death is, it goes without saying, a horrible tragedy. At the same time, it provides an opportunity to consider the difference in legal consequences between… Read More »
When Have You Actually Been Arrested in Florida?
If you’re pulled over for driving under the influence, and the police officer determines that you should be taken in for further testing to determine your blood alcohol level, at what point are you under arrest? Does the police officer have to actually say the words “you’re under arrest?” Or is it sufficient for the officer simply to escort… Read More »
The Constitutionality of West Palm Beach Anti-Prostitution Ordinances
Last year, the Florida Court of Appeals in City of West Palm Beach v. Chatman ruled that the City’s anti-prostitution ordinance, which prohibited “loitering with the intent to commit prostitution,” was unconstitutional. Mr. Chatman, the defendant in the case, was observed by a police officer while—in the officer’s own words—“standing in an area known for prostitution activity dressed as a woman.” On the basis of the… Read More »
What Counts as “Recently Stolen” Property in Florida?
How long ago is “recently?” A year? Six months? One month? The defendant in the 2013 case of D.S. v. State raised exactly this question in a motion to dismiss the charges against him. There is a Florida statute, Fla. Stat. § 812.014(1)(a), that provides that, in a case in which a person is… Read More »
Prowling, Burglary, and Possession of Burglary Tools in Florida: What Counts as Evidence?
In Florida, as in many states, there exists not only a crime of burglary—which consists of breaking and entering into a dwelling, structure, or automobile with criminal intent—but a separate crime of possession of burglary tools. This crime is often a “freebie” for the state: it’s rare that someone who commits a burglary will be arrested without the actual… Read More »
Proving Vehicular Homicide in Florida Requires Proving Intent
It’s difficult to imagine, but what if, when you were simply driving along the street, you suddenly blacked out? If you then spun out of control and, in a tragic turn of events, crashed into and killed another driver, could you be found guilty of vehicular homicide? The Case of Stracar v. State In the… Read More »