Author Archives: Jay Butchko
What Is an “Affirmative Act” Constituting Tax Evasion?
Tax evasion is about more than simply owing the IRS money. The mere fact you lack the funds to pay your tax bill is not itself a crime. But if you commit an “affirmative act” intended to avoid payment of a tax, then you can be charged with criminal tax evasion. This includes any… Read More »
Can a Florida Prosecutor “Comment” on Your Right to Remain Silent?
In any criminal proceeding, the federal and Florida state constitutions guarantee your right to remain silent. This means you do not have to testify at your own trial. It also means that if you do so, the jury is not allowed to assume or infer your guilt based on your decision to remain silent…. Read More »
Tampa Man Convicted of Wire Fraud for Misuse of COVID-19 Relief Loan
Under federal law, the crime of wire fraud requires proof beyond a reasonable doubt that the defendant “acted with the intent to defraud” the victim, among other elements. Put differently, the government must show that the defendant acted with a specific intent to cheat someone else for the purposes of financial gain. This can… Read More »
When Can a Florida Judge Impose a Lesser Sentence?
Florida’s Criminal Punishment Code establishes the basic rules that trial judges must follow in sentencing defendants convicted of non-capital crimes. In simple terms, the Code provides sentencing guidelines that include the minimum sentence a court must impose for a given offense. The judge will then impose a sentence between this minimum and the maximum… Read More »
Can Murder-for-Hire Be Justifiable Homicide?
You probably do not need to be told that hiring a hitman to kill someone is against the law. Indeed, it is not just a state crime but also a federal offense if any means of interstate communication are used to further such a plot. Specifically, the federal murder-for-hire statute provides that a person… Read More »
Supreme Court Upholds “Temporarily Disarming” Persons Under a Domestic Violence Restraining Order
Since July 2023, Florida law allows most individuals to carry a concealed firearm without a permit. But as with all legal rights, the right to own and carry a firearm is not absolute. For example, federal and state law has long barred any individual under a domestic violence injunction–i.e., a restraining order–from legally possessing,… Read More »
Can the Police Search Your Property After You “Abandon” It?
It is a basic principle of constitutional law that in most cases, the police may not search a person’s property without either the owner’s consent or obtaining a valid search warrant. One exception to this rule is for “abandoned property.” In simple terms, if you voluntarily abandon property, there is no longer a “reasonable… Read More »
How the Federal Anti-Kickback Statute Can Land You in Prison
If you work in the healthcare industry, you need to be cognizant of the federal Anti-Kickback Statute (AKS). The AKS imposes criminal and civil liability on anyone who offers, solicits, pays, or receives any form of payment in exchange for the referral of services or products covered by a federal health care program. In… Read More »
Is Bankruptcy Fraud the Same Thing as “Grand Theft” in Florida?
In a criminal case, Florida prosecutors may try to introduce evidence of crimes the defendant may have committed other than the charged offense. There are, however, restrictions on such evidence. Florida courts must apply what is known as the Williams rule to decide if “collateral crime evidence” is relevant and would not prejudice the… Read More »
Does the Severity of a DUI Accident Victim’s Injuries Matter in Criminal Sentencing?
In Florida felony cases, judges must follow the Criminal Punishment Code (CPC) when sentencing a defendant. The CPC creates a scoring system that assigns points for a number of different variables. For example, each specific felony offense has an “offense level” between a 1 and 10. Each level carries a different number of “points.”… Read More »
