Author Archives: Jay Butchko
Can a Florida Police Officer Demand You Take a Breath Test Outside of Their Jurisdiction?
Florida courts have long recognized the “color of office” rule. Basically, this rule provides that a police officer cannot use the appearance of official power in a jurisdiction where they have no such power. The rule dates back to a 1962 case, Collins v. State, where two West Palm Beach police officers illegally conducted… Read More »
Understanding the Legal Risks of Using Counterfeit Currency in Florida
Counterfeiting is one of the oldest white collar crimes prosecuted in the United States. In fact, the United States Secret Service was founded in 1865, not to protect the President from harm, but to investigate and arrest people who manufactured counterfeit coins and bank notes. Today, counterfeiting is much less common than it was… Read More »
Can You Go to Jail for Failing to Pay Restitution?
In most cases, you cannot be sent to prison for failing to pay a debt. One exception is if you are required to make financial restitution as a result of a criminal conviction. For example, it is common for courts to require defendants convicted of financial fraud to pay restitution to their victims. If… Read More »
How a Domestic Violence Conviction Can Affect Your Right to Own a Firearm
As of July 1, 2023, Florida residents can legally carry a concealed firearm without a permit or license. There are, however, some critical exceptions. Previously, a resident had to apply for a concealed carry permit from the Florida Department of Agriculture and Consumer Services. And under the current law, a person who was lawfully… Read More »
Hillsborough County Man Sentenced to Federal Prison for Income Tax Fraud
Many Florida residents fall prey to financial scams that promise them a way to earn easy money. While many of these schemes only end up costing victims their own money, there are cases where the targets are convinced to participate in the scam themselves. Unfortunately, these people often get caught and find themselves prosecuted… Read More »
Can the Government Prosecute You for Having Drugs in Another Country’s Waters?
There is a common misconception that if you are on a boat in “international waters,” you are essentially free to do whatever you want without fear of criminal prosecution. That is not true. Under the United States Constitution, Congress has the authority to define and punish felonies that occur on the “high seas,” which… Read More »
Identity Theft Carries Serious Penalties in Florida
If you use someone else’s personal identifying information to commit another crime, such as wire or mail fraud, federal prosecutors can charge you with aggravated identity theft. This is one of the more serious white collar crimes you can be charged with under federal law. In addition to any sentence imposed for the underlying… Read More »
Can the Government Use a “Substitute” Expert Witness?
The Constitution guarantees every criminal defendant the right to “confront” the witnesses against him at trial. In simple terms, this means the defendant–or more commonly, their attorney–can cross-examine the prosecution’s witnesses. Put another way, the prosecution cannot use the testimony of people who are not in the courtroom to convict the defendant. There is… Read More »
New Florida Laws Alter Penalties for Car Racing, Driving Without a License
Every July 1, a number of new Florida state laws take effect, reflecting bills enacted into law during the last session of the state legislature. Among this year’s new laws are several amendments governing the penalties for driving without a valid driver’s license, as well as participating in illegal car racing. Here is a… Read More »
Supreme Court Affirms Right to Jury Trial in SEC Civil Penalty Proceedings
If someone accuses you of stealing money from them, there are a couple of ways the situation could play out. The accuser could file a civil lawsuit against you, seeking damages for the money you owe them. Alternatively, a Florida prosecutor could charge you with a criminal offense, such as theft by conversion. In… Read More »
