Author Archives: Jay Butchko
Can a Police Officer Detain You Based on the “Smell” of Marijuana?
Outside of certain state-approved medical uses, it is illegal to possess marijuana in Florida. Simple possession of 20 grams or less of marijuana is a misdemeanor punishable by up to 1 year in jail and a fine of $1,000. You can even be charged with possessing “drug paraphernalia” related to the cultivation or use… Read More »
What Is the “Good Faith” Exception to the Fourth Amendment’s Exclusionary Rule?
You probably know that in most cases, the police cannot search your property without your consent or obtaining a warrant. This is required by the Fourth Amendment to the United States Constitution. If the police seize any evidence in violation of the Fourth Amendment, a court can forbid the prosecution from using that illegally… Read More »
How Florida Law Protects Victims of Human Trafficking
In recent years, there has been increasing attention in Florida to the problem of human trafficking. According to the U.S. Department of Homeland Security, human trafficking “involves the use of force, fraud, or coercion to obtain some type of labor or commercial sex act.” Each year, millions of people around the world are victims… Read More »
What Happens If I’m Accused of Committing Another Crime While on Pretrial Release?
When a person charged with a crime is granted pretrial release, they are usually subject to a number of terms and conditions. For example, the defendant must agree to make all required court appearances. They may also have to submit to electronic monitoring to ensure they do not leave the state. And of course,… Read More »
Is “Duress” a Valid Criminal Defense in Florida?
There are a number of affirmative defenses that a person accused of a crime in Florida may argue to a jury. One of the best-known examples is self-defense. Another example is “duress.” Duress–also called “necessity”–is not a justification for committing a crime, mind you, but it can excuse a defendant from criminal liability The… Read More »
What Is Considered “Prowling” Under Florida Law?
The police cannot, generally speaking, arrest you for simply “looking suspicious.” That said, there are fairly broad statutes in Florida governing misdemeanor offenses like “prowling” or “loitering,” which can be used to justify an arrest even absent more concrete evidence of some other criminal activity. Florida’s prowling statute (Section 856.021) states: It is unlawful… Read More »
How Threatening to Ruin Someone’s Career Can Lead to Felony Charges in Florida
Some people think that a white collar criminal charge does not carry the same weight as an accusation involving a violent offense. But that is not how criminal law works in Florida. Indeed, many non-violent offenses carry the potential for long prison sentences. For example, extortion is a felony of the second degree in… Read More »
The Child Hearsay Rule in Florida
As a general rule, hearsay evidence is not admissible in a Florida criminal trial. Hearsay is basically second-hand information. For example, a person is allowed to testify as to what they personally observed or witnessed. But they usually cannot testify as to what someone else told them happened. Here is a simple example. A… Read More »
Is Attempted Robbery a “Crime of Violence” in Florida?
If you have a prior criminal record in Florida, that can lead to harsher penalties if you are convicted of a subsequent offense. For example, the sentencing guidelines used by federal courts classify a defendant as a “career offender” subject to a higher base sentencing level if they are convicted of a “crime of… Read More »
Can Florida Police Arrest Me Without a Warrant on Misdemeanor DUI Charges?
In general, a police officer in Florida cannot arrest a person for a misdemeanor offense without first obtaining a warrant. There is an exception for misdemeanors committed in the presence of an officer. An officer attending the scene of a “traffic crash” may also make a warrantless arrest if, based on their investigation, they… Read More »
