Author Archives: Jay Butchko
False Imprisonment Charges And Defenses In Florida
When we think of the term “false imprisonment”, we tend to think of a victim being locked away and trapped – not of the many other ways a false imprisonment charge can come about. False imprisonment under Florida law involves any situation where a person is restrained or confined against their will. Under Florida… Read More »
Defending Against Embezzlement Charges In Florida
Embezzlement is a serious crime in Florida, with serious consequences for those charged and convicted. Typically, embezzlement happens when a person with access to money or property due to their employment – or other relationship of trust – takes ownership of that money or property for their personal use. Embezzlement is considered a “white… Read More »
Entrapment In Criminal Cases: What It Is And How It Can Affect Your Case
Entrapment is a common lament among those that have been charged with a crime and feel they were “set up”. More than just a complaint, however, entrapment is a valid affirmative defense to a criminal charge when the defendant committed the crime due to the coercion of a law enforcement official. If the defendant… Read More »
When Can A Threat Be A Crime In Florida?
Sometimes a person’s bark is louder than their bite, and they will say things they don’t mean – including comments that get viewed as a threat. However, written and verbal statements that are threatening in nature can lead to criminal charges in Florida. This can be true whether or not the person making the… Read More »
Signs That You Might Be Under Criminal Investigation In Florida, And What You Can Do In Response
Law enforcement officers use a variety of methods to obtain information on a suspect before presenting criminal charges to a prosecutor’s office. These methods can include what is known as a “pre-file investigation”. Through this investigation, officers collect evidence, including physical evidence and witness statements, to build a potential case that can be referred… Read More »
Asset Seizure In Florida: When Law Enforcement Can Seize Your Property, And What You Can Do To Get It Back
Civil asset forfeiture in criminal cases occurs when law enforcement seizes property that was allegedly used to conduct criminal activity. The most common example would be a vehicle that was confiscated after a drug arrest. While the defendant’s criminal case is pending, law enforcement could hold on to the vehicle and file a claim… Read More »
Vehicle Searches In Florida: What Can Police Search After I Am Pulled Over
During a traffic stop, there are situations where an officer may or may not search parts of your vehicle. The Fourth Amendment of the U.S. Constitution protects you from unlawful searches by law enforcement officers. In many cases, officers must have a valid warrant before searching and seizing any type of potential evidence. This… Read More »
Defending Against Shoplifting Charges In The Orlando, Florida Area: What You Need To Know
The Orlando area’s reputation as a vast commercial retail hub also makes it a popular target for shoplifters and organized shoplifting syndicates. Overall, an estimated $68 billion in merchandise was stolen from U.S. stores in 2019 via shoplifting and “smash and grab” tactics, and this trend has been particularly pronounced in Florida. To protect… Read More »
Defending Against Tourist-Related Offenses In The Orlando, Florida Area
Orlando, with its year-round sunshine and world-renowned tourist attractions, attracts millions of visitors every year. It also remains a popular Spring Break destination for families and college students alike. Unfortunately, a visit to Central Florida sometimes includes an arrest for an alleged criminal violation. Most commonly, these may include DUI, drug possession, assault, or… Read More »
Vehicular Manslaughter Charges In Florida: When A Tragic Accident Becomes A Legal Nightmare
Vehicular manslaughter, known as vehicular homicide under Florida law, is Florida’s most serious criminal driving offense. Vehicular homicide in Florida is a felony punishable by up to 15 years in prison and a $10,000 fine. Under certain circumstances, if you left the scene of the accident and failed to give aid to the victim,… Read More »