Author Archives: Jay Butchko
Who Qualifies For Pretrial Diversion Programs In Florida?
No one is a perfect angel all of the time, and sometimes, bad decisions and irresponsible actions are done that are criminal in nature. And even though a person may take a step back after a crime is committed and regret what they did while feeling incredibly sorry for doing it, that does not… Read More »
The Sixth Amendment and False Criminal Accusations
The United States criminal justice system is said to be blind so that a verdict of guilty or not guilty can be determined only with the facts and beyond a reasonable doubt. This idea helps keep the public’s faith in the system and in the outcome of a criminal case. Though the criminal justice… Read More »
What Is Probable Cause And How Important Is It In A Criminal Case?
In both the civil and criminal legal systems, probable cause is an important facet that must be present for legal action against someone to be taken. In civil courts, probable cause is used to file a suit with the best chances of being successful, and in the criminal court system, probable cause is required… Read More »
5 Different Classifications Of Felony Offenses In Florida
When considering crimes, there are classifications for how each offense is evaluated. The reason for this is that some crimes may be a violation of the law, but the implications of criminal activity are much less severe than the aftermath of another type of illegal activity. For instance, let’s take petit theft versus homicide…. Read More »
Does DNA Always Result In A Guilty Verdict In A Criminal Case?
In a criminal case, the prosecution has the duty to prove beyond a reasonable doubt that the defendant is guilty of the alleged crimes they were charged with. As a result, it is essential that the prosecution not only can make persuasive arguments about the defendant’s guilt but also back those claims up with… Read More »
What Are Aggravating Factors And How Do They Impact A Criminal Case?
If you have been charged with a crime in Florida, certain details can impact how you are charged and, if convicted, how severe the penalties you will face will be. Aggravating factors is a term used to describe characteristics of a person’s life and their crime that can enhance their charges or penalties. For… Read More »
What Are Mitigating Factors And How Do They Impact A Criminal Case?
Usually, a person who is arrested and then charged with a crime will want to figure out the best way to avoid penalties or, when that is not possible, figure out the best approach to have to endure the least amount of penalties if a conviction happens. When an alleged crime is committed, every… Read More »
Does Mental Health Affect The Outcome Of Criminal Sentences?
Open discussions about mental health issues and conditions are becoming less taboo and more mainstream. This may be a good thing as it could give individuals that are struggling with certain diseases the courage to talk to a professional and ask for help. Concerning mental health and criminal behavior, simply because a person has… Read More »
Adolescents Can Be Sentenced To Life In Prison For Murder In Florida
The definition of murder in Florida is the illegal act of taking another person’s life. Murder can either be premeditated, meaning it was planned, or it can be unintentional. When breaking down a murder charge in Florida, several factors will be evaluated. Some include the details of the event if there was intent and… Read More »
What Are The Criminal Penalties For Elder Abuse In Florida?
When an older adult requires the assistance of a caregiver to live each day and go about daily activities, they are vulnerable to elder abuse. The National Institute on Aging (NIA) reports that there are several forms of elder abuse that can happen to an older adult. These include physical, sexual, financial, neglect, emotional,… Read More »