Author Archives: Jay Butchko
Can You Go to Jail for Violating a Civil Injunction?
It is no secret that private corporations exercise an enormous amount of political influence. This influence often extends to the legal system as well. But how far can prosecutors and the courts go in enforcing the demands of private business? And at what point do private citizens face potential criminal liability for acting in… Read More »
Former Jacksonville Jaguars Employee Faces Federal Wire Fraud Charges
Stealing from your employer can mean more than losing your job. You could also face serious criminal charges. Indeed, if you use any means of interstate communication, such as the Internet, to steal from or defraud your employer, federal prosecutors can charge you with wire fraud. This is one of the most commonly prosecuted… Read More »
Must a Florida Jury Determine Every Fact Applicable to a Defendant’s Sentence?
Any person charged with a crime in Florida has the right to a jury trial under the Sixth Amendment to the United States Constitution. In 2013, the U.S. Supreme Court clarified this right meant that “any fact that increases the mandatory minimum” sentence for the alleged crime is an “element that must be submitted… Read More »
Do Victims of Crimes Have the Right to Remain Anonymous?
Florida’s Constitution provides certain rights for victims of crimes. Under Section 16(b) of the state constitution, for example a victim has the “right to be free from intimidation, harassment, and abuse.” At the same time, the person accused of committing the crime has certain rights, such as the right to “confront at trial adverse… Read More »
4 Tampa Income Tax Preparers Sentenced for Filing False Returns
Many federal criminal prosecutions center on allegations of individuals defrauding, or attempting to defraud, the government itself. As you can probably guess, the feds can be quite harsh when it comes to people suspected of cheating the government out of its money. So even though these kinds of offenses are generally classified as white… Read More »
Does the State Have to Prove the Origin of “Synthetic” Marijuana?
One of the cardinal rules of the Florida criminal justice system is that a prosecutor must prove each element of a charged offense “beyond a reasonable doubt.” Put another way, it is not enough for the state to prove the defendant’s actions might have violated the letter of the law. It must be clear… Read More »
When Does “Harassment” Justify an Injunction Against Stalking in Florida?
Under Florida law, the crime of stalking occurs when a person “willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person.” In this context, to “harass” someone means to engage in any course of conduct that causes the other person “substantial emotional distress” and that “serves no legitimate purpose.” The target of stalking or… Read More »
How Much Probation Time Can I Receive for a Reckless Driving Charge in Florida?
Many Florida criminal cases, particularly those involving misdemeanors, are resolved through a negotiated plea bargain. In exchange for entering a plea of “guilty” or “no contest,” the State Attorney often agrees to a reduced charge and a sentencing recommendation. Ultimately, the trial judge has the final say in whether to approve the plea bargain…. Read More »
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 »