Author Archives: Jay Butchko
Can a Police Officer Lie and Still Obtain a Valid Search Warrant?
Police officers must obtain a warrant before conducting a search of a criminal suspect’s property without their consent. (And if you are the suspect, you should never give such consent.) Obtaining a warrant generally requires the officer to sign a sworn affidavit detailing the specific facts that support “probable cause.” In other words, the… Read More »
Can You Be Punished Multiple Times for the Same Criminal Act?
The United States and Florida constitutions both prohibit “double jeopardy.” You probably know this means a person cannot be tried for the same crime after they have already been acquitted by a jury. But it also means that a person cannot be punished twice for the same offense if convicted. Of course, it is… Read More »
Florida Man Sentenced to 12 Months (and 1 Day) in Federal Prison for Mail Fraud
White collar criminal prosecutions in Florida tend to focus on fraud. This encompasses a wide range of non-violent yet still criminal conduct designed to deprive a person of their property through deception. Such fraud often invokes federal prosecution as these cases almost always involve the use of some means of interstate communication or commerce,… Read More »
How a “Silent Witness” Can Testify Against You in Court
Florida police and prosecutors often rely on surveillance camera footage to try and prove a suspect’s guilt. Of course, in this age of digital photography–not to mention newer technologies such as generative artificial intelligence–how can a judge or jury know that an image offered into evidence is real? This is a special concern when,… Read More »
What Happens to My Auto Insurance Following a Florida DUI Conviction?
Under Florida’s drunk driving laws, any DUI conviction will lead to the suspension of a defendant’s driver’s license. Indeed, even if a person is charged but never criminally convicted of DUI, they can still face an administrative license suspension of 6 months. This also applies to “implied consent” cases where a driver is lawfully… Read More »
Florida Court Upholds Condo Owner’s “Stand Your Ground” Immunity
Florida law grants any person immunity from criminal prosecution for the justifiable use–or threatened use–of non-deadly force to prevent others from committing tortious or criminal interference with their personal property. This is a form of what is commonly referred to as “Stand Your Ground” (SYG) immunity. To be clear, SYG does not authorize any… Read More »
NASA Sub-Contractor Pleads Guilty to Federal Wire Fraud Charge
White collar crimes often involve allegations of financial fraud. For example, if the government believes that someone has filed false or fraudulent documents in order to obtain a financial benefit, that can lead to a prosecution of wire fraud. And you better believe the government will pursue such charges when the government itself is… Read More »
Orange County Jury Convicts Driver in DUI Accident Case
Driving under the influence (DUI) is a serious matter in Florida. Even a first offense carries the potential for 6 months in jail and a fine of between $500 and $1,000. Of course, those maximums can quickly escalate if a defendant has any prior drunk driving convictions–even outside of Florida–or there is another aggravating… Read More »
COVID Fraud Prosecutions on the Rise in Florida
During the early stages of the COVID-19 pandemic, Congress authorized a number of emergency relief programs to help struggling businesses stay afloat. But now, nearly four years later, the government’s focus has shifted to prosecuting individuals suspected of misusing those relief funds. Indeed, we have seen a marked increase in prosecutions of white collar… Read More »
When Can Florida Police Make a Misdemeanor Arrest Without a Warrant?
Under Florida law, a police officer can arrest a suspect if that suspect committed a felony or misdemeanor in the officer’s presence. In other words, if an officer sees you committing what appears to be a crime, they do not have to get a warrant before placing you under arrest. Nor does the officer… Read More »