Author Archives: Jay Butchko
Understanding Florida’s New Capital Sentencing Rules
Florida is one of 27 U.S. states that continue to impose capital punishment–i.e., the death penalty–for certain crimes. Until recently, a jury in a capital case had to be unanimous in recommending a death sentence. But the Florida legislature recently amended that rule, which has led to confusion over what standard applies to pending… Read More »
Can the Police Arrest You in Your Home Without a Warrant?
In Florida, the police usually need to obtain a warrant before arresting a person in their own home. In misdemeanor cases, the police also cannot use a “hot pursuit” to justify a warrantless home entry. That is to say, the police cannot follow you into your home and arrest you for a non-violent misdemeanor… Read More »
Could I Go to Prison for Lying When Purchasing a Firearm?
You may have a constitutional right to keep and carry a firearm. But this right is not without restriction or regulation. And in some cases, you can get into serious trouble if you make a false statement in connection with the purchase of a weapon in Florida. The Dangers of Lying on Form 4473… Read More »
How Do Juror Challenges Work in Florida Criminal Cases?
Every person charged with a crime in Florida has the right to a jury trial. This right is always at the defendant’s discretion. If you are facing a criminal charge, you can elect to have the judge decide your guilt or innocence without a jury. But the prosecution cannot force you to do so…. Read More »
How Threatening a Witness Can Land You in Serious Trouble in Florida
If you are facing criminal charges in Florida, one of the worst things you can do is attempt to intimidate or threaten a potential witness in your case. Witness tampering is itself a serious felony under both federal and Florida state law. And even if you are not the direct target of a criminal… Read More »
How Fleeing the Scene of a Traffic Accident Can Get You 30 Years in Prison
Some people panic when they are involved in a traffic accident and flee the scene. Oftentimes, the driver fears they may be cited by the police for an infraction such as DUI or driving with a suspended license. Or perhaps they did not realize someone might have been seriously injured in the collision and… Read More »
The Victim’s Right to a Speedy Trial in Florida: Understanding Statute 960.0015
While much is said about a defendant’s right to a speedy trial, it’s crucial to understand that victims also have rights, including the right to a timely resolution of the case. In Florida, Statute 960.0015 addresses this issue, giving the state attorney the power to demand a speedy trial under specific conditions. The Orlando… Read More »
The Defendant’s Right to a Speedy Trial in Florida
One of the most important rights afforded to defendants is the right to a speedy trial. The Orlando Criminal Defense Lawyers at Joshi Law Firm, PA, are knowledgeable and experienced with this crucial aspect of the criminal justice system in Florida. Time Limits for Speedy Trials in Florida In Florida, the law sets specific… Read More »
Do Florida Police Officers Need Consent to Administer Field Sobriety Tests?
When a Florida police officer suspects a person of driving under the influence (DUI), the officer may administer one or more “field sobriety exercises” or FSEs. For example, an officer might ask the driver to touch their finger to their nose or walk heel-to-toe for a specified distance. In theory, an FSE can help… Read More »
Culpable Negligence and Aggravated Manslaughter in Florida
In Florida, an unlawful killing that does not rise to the level of murder is considered manslaughter. This does not mean a manslaughter charge is something to be taken less seriously. To the contrary, in many cases a manslaughter charge–especially if it is considered “aggravated” manslaughter–is a felony of the first degree under Florida… Read More »
