Author Archives: Jay Butchko
How DNA Evidence Can Affect Your Rights Under Florida’s Criminal Statute of Limitations
The prosecution of many criminal offenses in Florida is subject to a statute of limitations. This refers to the time period the state has to formally charge the accused. It does not mean the state has to actually try the accused within the limitations period, although that is subject to separate constitutional protections for… Read More »
Can a Criminal Conviction in Florida Bar Me From Licensed Occupations?
An often overlooked consequence of a criminal conviction is the potential impact on your job or occupation. Obviously, if you are an “at-will” employee working for a private employer, you can be fired at any time with or without cause. And since a criminal conviction is a matter of public record, it is not… Read More »
How Impeding Interstate Commerce Can Lead to Federal Criminal Charges
Many federal crimes are based on Congress’ constitutional power to regulate interstate commerce. For example, a person commits federal mail fraud if they use any means of interstate communication to defraud someone out of money. Similarly, if you engage in a violent act that somehow impedes interstate commerce–such as using an explosive to destroy… Read More »
Is It Still Shoplifting If You Put the Merchandise Back?
Under Florida law, a person commits theft if they “knowingly” obtain to use–or “endeavor” to obtain or use–someone else’s property with the intent to deprive that person of their property. Put another way, you can still be convicted of theft in Florida by attempting (i.e., endeavoring) to take someone else’s property, even if that… Read More »
Do You Have to Identify Yourself to a Police Officer?
When a police officer in Florida initiates a traffic stop, they can require the driver to identify themselves by demanding to see their driver’s license. But what about other people inside of the vehicle? Can the police demand to know the identity of a passenger? And if the passenger refuses, are they committing a… Read More »
What Are the Criminal Penalties for Using Someone Else’s Identification?
Using a fake ID is often associated with teenagers looking to drink. Of course, it is against the law. And you can be charged with a third-degree felony in Florida if you get caught. Even worse is using someone else’s identification to commit fraud. Depending on the circumstances, this can bring the full weight… Read More »
Can a Public Defender Represent You in a Civil Matter?
The standard Miranda warning that police give includes advising criminal suspects that they have the right to an attorney during questioning, and “If you cannot afford a lawyer, one will be appointed for you before any questioning if you wish.” Indeed, anyone facing possible jail time for a crime in Florida has the right… Read More »
Is It Illegal for the Healthcare Provider to Pay for Referrals in Florida?
Many white collar crimes in Florida center on the healthcare industry. For example, Section 817.505 of the Florida Statutes makes it unlawful for anyone, including a healthcare provider or facility, to pay any sort of “benefit, bonus, rebate, kickback, or bribe” in exchange for a patient referral. A violation of this section is a… Read More »
Former WWE Star Sentenced to 17.5 Years Following Fatal Volusia County Crash
A Florida DUI charge can quickly escalate due to a number of potential aggravating factors. While most first offenses for drunk driving are misdemeanors in Florida, it is still possible to face a felony charge if one of these factors is present. For example, if your blood alcohol content is 0.15 percent or higher,… Read More »
Is “ShotSpotter” Technology Considered Valid Evidence in a Florida Criminal Case?
The tech industry has always operated under a “move fast and break things” mentality. This approach can lead to problems when it comes to the use of new technology in law enforcement, however, where the appearance of objectivity can mask serious problems that may affect the rights of people accused of criminal offenses. In… Read More »
