Author Archives: Jay Butchko
What To Know About Restitution In Florida Criminal Cases
Sentencing in a criminal case is not only about potential jail time. It also involves terms of probation, orders to undergo counseling or other treatment, and payment of statutory fines and court costs. One other important factor for those convicted of a crime is restitution to victims. This is a separate category of punishment… Read More »
What To Know About Mandatory Minimum Sentences In Florida
Mandatory minimum sentences in Florida criminal cases include sentences with established timeframes that must be enforced when a defendant is convicted of certain crimes. Once convicted, there is usually no way to avoid the minimum sentence, aside from prosecutorial discretion or appealing the conviction. Historically, minimum sentences for certain crimes have been used in… Read More »
What To Know About Mitigating Factors In A Florida Criminal Case
There are times when a defendant will be found guilty at trial, or plead guilty to a charge as part of a plea agreement with the prosecution. Once this happens, the case will proceed to the sentencing phase. This part of the case is not an “open and shut” situation. In fact, there is… Read More »
Important Legal Terms To Know In Florida Criminal Cases
The Florida criminal justice system can be complex and confusing to those facing criminal charges. From start to finish, defendants face a maze of legal steps – and terminology – that can take some time to understand and use to their advantage. Some of the more important terms to know in the Florida court… Read More »
Understanding The Drug Court System In Florida
What is “Drug Court”? Drug courts are an alternative to the traditional criminal justice system, providing intensive treatment and intervention instead of imprisonment for certain drug crimes. Florida pioneered the drug court system in the 1980s to address underlying issues behind arrests due to substance abuse. There are now 93 drug courts in Florida,… Read More »
Is Interference With Child Custody A Crime In Florida?
Child custody is one of the most emotionally charged areas of law, due to the stakes involved for parents and their children. Both parents are generally entitled to spend certain periods of time with their children following a divorce or breakup, and this usually follows a court-ordered schedule. It is all too common, however,… Read More »
What To Know About The Appeals Process In Florida Criminal Cases
Hearing the word “Guilty” at the end of a trial is what every Florida criminal defendant fears. Months of anxiety and tension lead to a devastating verdict and likely jail time. The question, then, is what comes next for a person that feels they may be out of options. In criminal cases, a defendant… Read More »
Open House Parties In Florida And Criminal Responsibility: What Happens When The Fun Stops
Nobody hosts a house party intending to cause problems – run-ins with law enforcement may be the last thing on their minds. Yet, criminal charges frequently arise out of parties thrown near any of the Orlando area’s colleges. Some charges go beyond the typical noise complaints most would expect. When minors attend house parties… Read More »
When Can Police Enter My Home Or Apartment Without A Warrant?
The freedom from unreasonable searches of our homes is one of the bedrock principles of the Bill of Rights, enshrined within the Fourth Amendment to the Constitution. Specifically, the Fourth Amendment states: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not… Read More »
What Is The “Williams Rule” In Florida Criminal Cases?
In a criminal trial, prosecutors are generally forbidden from introducing evidence about a defendant’s character, or acts they’ve done in the past that are not related to the crime in question. This keeps the trial focused on the evidence at hand and prevents the jury from building a biased and negative opinion of the… Read More »