Author Archives: Jay Butchko
Can You Be Charged With Burglary Without Stealing Anything?
When most people think of burglary, they imagine a thief breaking into a home or business to steal valuables. However, under Florida law, burglary is not limited to theft. You can be charged with burglary even if nothing is stolen, provided certain legal elements are met. The key factor in burglary charges is the… Read More »
Shoplifting Laws in Florida
Shoplifting, also referred to as retail theft under Florida law, is a common yet serious offense with potentially far-reaching consequences. Florida law takes a firm stance against retail theft, with penalties ranging from fines and community service to imprisonment, depending on the value of the stolen items and the circumstances of the offense. Consult… Read More »
Attempted Crimes: How Florida Law Treats Failed Offenses
An offense does not have to be fully carried out for it to result in serious legal consequences. Florida law recognizes the concept of criminal attempt, which allows authorities to prosecute individuals who take significant steps toward committing a crime, even if they do not succeed. Understanding the legal framework for attempted crimes, including… Read More »
Entrapment vs. Sting Operations
In the realm of criminal law, law enforcement employs various strategies to investigate and prevent criminal activity. Two of the most commonly discussed tactics are sting operations and the controversial defense of entrapment. While these terms are often used interchangeably by the public, they hold distinct legal meanings with significant implications for criminal cases…. Read More »
Conspiracy in Organized Crime Investigations: How the Law Targets Criminal Enterprises
Conspiracy charges play a pivotal role in the prosecution of organized crime, allowing law enforcement to dismantle criminal enterprises by holding individuals accountable for collective actions. Whether in the context of drug trafficking, racketeering, or white-collar crimes, conspiracy laws are a powerful tool for prosecutors. Consult an Orlando conspiracy lawyer to discover how conspiracy… Read More »
Expungement and Immigration: Implications for Non-Citizens in Florida
The intersection of criminal and immigration law is a complex and often challenging area, especially for non-citizens facing criminal charges or convictions. In Florida, expungement offers a legal mechanism to clear or seal a criminal record, which can have significant implications for non-citizens. While expungement can provide relief in certain circumstances, it is not… Read More »
Bribery vs. Extortion: Key Differences and Legal Implications
The crimes of bribery and extortion are often conflated due to their common association with corruption and abuse of power. However, these offenses are distinct in their legal definitions, underlying elements, and consequences. Understanding the differences between bribery and extortion is crucial for individuals accused of these crimes, as well as for businesses and… Read More »
The Sixth Amendment Right to Counsel: Protecting Legal Representation at Critical Stages
The Sixth Amendment to the United States Constitution guarantees the right to legal representation for anyone accused of a crime. This protection is vital to ensuring fairness in the criminal justice system and safeguarding individuals from prosecutorial overreach or unequal treatment. Understanding the nuances of this constitutional right is essential, especially for those facing… Read More »
Orange County Jury Convicts Man on Fentanyl Trafficking Charges
Drug trafficking carries some of the harshest criminal penalties under Florida law. “Trafficking” itself is broadly defined to include any act involving the sale, purchase, manufacture, delivery, or transport of drugs into Florida, as well as conspiring with others to do so. The actual penalty for drug trafficking generally depends on the quantity of… Read More »
Can a Judge Consider “Acquitted Conduct” in Determining a Drug Trafficking Sentence?
In any criminal trial, the government must prove a defendant’s guilt “beyond a reasonable doubt.” Without such proof, the jury must acquit the defendant. But what happens when a jury finds a defendant guilty on some charges but not others in the same case? Can the trial court still consider the “acquitted conduct” in… Read More »
