Author Archives: Jay Butchko
Is a Florida Police Officer’s Testimony Enough to Support a DUI Arrest?
“Reasonable suspicion” is the legal standard a police officer must meet to initiate a DUI investigation under Florida law. Specifically, an officer must have reasonable suspicion that a driver’s normal faculties are “impaired” due to the use of alcohol or drugs. What is “reasonable” will depend on the circumstances. Speeding Justified Traffic Stop, Subsequent… Read More »
What Is “Money Laundering”?
In white collar criminal cases, federal prosecutors frequently charge defendants with some form of money laundering. In broad terms, money laundering is the process of attempting to ‘”cleanse the taint” from the proceeds of some criminal activity. One of the key federal money laundering statutes, 18 U.S.C. § 1956, makes it a crime for… Read More »
Does a Minor Have to Pay Restitution for Committing Theft in Florida?
In Florida juvenile justice cases, it is common practice for the courts to require a minor adjudicated delinquent to pay restitution to any victims. Section 985.437 of the Florida Statutes provides, “While the primary purpose of restitution is to compensate the victim, it also serves the rehabilitative and deterrent goals of the juvenile justice… Read More »
Florida Man Pleads Guilty to Conspiracy to Defraud Medicare of Over $36.2 Million
Health care fraud is big business for federal prosecutors here in Florida. Anyone suspected of defrauding Medicare or Medicaid can expect the full weight of the U.S. Department of Justice to come crashing down on them. Indeed, conviction of a health care fraud-related crime not only carries the potential for serious jail time–the government… Read More »
Are Ponzi Schemes Illegal in Florida?
Back in the early 20th century, a Boston man named Charles Ponzi realized that you could make a tidy profit through the use of international reply coupons. An IRC is a coupon that you can exchange for a certain number of priority airmail postage stamps from another country. Ponzi had agents buy IRCs in… Read More »
How Getting Arrested While Out on Bail Can Land You Back in Jail
As a general rule, when a person is charged with a crime in Florida they are entitled to seek pretrial release from custody on reasonable bail terms. Florida’s own Rules of Criminal Procedure further elaborate that such bail is a right unless the defendant is charged with a capital offense, or another crime punishable… Read More »
Could Expunging Your DUI Arrest Prevent You From Filing a Civil Rights Lawsuit?
A drunk driving arrest carries a social stigma even when the suspect is never formally charged or convicted. So if you have been falsely accused of DUI, you should know that it is possible to have the records of your arrest destroyed. Florida’s expungement law permits an individual to ask a court to order… Read More »
Do COVID-Related Delays in Arresting a Defendant Violate Speedy Trial Rights?
The Sixth Amendment to the United States Constitution guarantees every criminal defendant the right to a “speedy trial.” The difficulty is that the Sixth Amendment itself never defines “speedy.” Over the years, Congress and the federal courts have developed certain laws and tests to help define the right to a speedy trial more precisely…. Read More »
How “Failure to Notify a Common Carrier” Can Lead to 8 Years in Federal Prison
There are some items you cannot legally ship through the mail or other common carrier. For example, federal law forbids anyone except for a licensed importer, manufacturer, or dealer to ship firearms internationally. In other words, if you mail a handgun from the United States to a foreign country–and you do not have a… Read More »
When Is “Character Evidence” Admissible in a Florida Criminal Case?
A criminal trial is about whether or not the accused committed the crime alleged by the government. It is not a forum for deciding whether or not the defendant is a bad person. For that reason, Florida law generally prohibits prosecutors from introducing “[e]vidence of a person’s character or trait of character” to prove… Read More »
