Author Archives: Jay Butchko
How Federal Mail Fraud Charges Work in Florida
Many white collar crimes involve mail fraud, which basically refers to the use of the Postal Service to carry out any kind of fraudulent scheme or activity. For example, if you mail an application for government benefits that contains false or misleading information, that is considered mail fraud. Similarly, if you use the mail… Read More »
Can a Court Consider Lawful Gun Possession in Criminal Sentencing?
In general, it is legal for an individual to possess and carry a firearm in Florida. Obviously, if someone uses a firearm in connection with a crime, that is illegal and may be taken into account when imposing a sentence. But can a court consider lawful firearms possession in connection with sentencing for an… Read More »
Can a Police Officer Lie and Still Obtain a Valid Search Warrant?
Police officers must obtain a warrant before conducting a search of a criminal suspect’s property without their consent. (And if you are the suspect, you should never give such consent.) Obtaining a warrant generally requires the officer to sign a sworn affidavit detailing the specific facts that support “probable cause.” In other words, the… Read More »
Can You Be Punished Multiple Times for the Same Criminal Act?
The United States and Florida constitutions both prohibit “double jeopardy.” You probably know this means a person cannot be tried for the same crime after they have already been acquitted by a jury. But it also means that a person cannot be punished twice for the same offense if convicted. Of course, it is… Read More »
Florida Man Sentenced to 12 Months (and 1 Day) in Federal Prison for Mail Fraud
White collar criminal prosecutions in Florida tend to focus on fraud. This encompasses a wide range of non-violent yet still criminal conduct designed to deprive a person of their property through deception. Such fraud often invokes federal prosecution as these cases almost always involve the use of some means of interstate communication or commerce,… Read More »
How a “Silent Witness” Can Testify Against You in Court
Florida police and prosecutors often rely on surveillance camera footage to try and prove a suspect’s guilt. Of course, in this age of digital photography–not to mention newer technologies such as generative artificial intelligence–how can a judge or jury know that an image offered into evidence is real? This is a special concern when,… Read More »
What Happens to My Auto Insurance Following a Florida DUI Conviction?
Under Florida’s drunk driving laws, any DUI conviction will lead to the suspension of a defendant’s driver’s license. Indeed, even if a person is charged but never criminally convicted of DUI, they can still face an administrative license suspension of 6 months. This also applies to “implied consent” cases where a driver is lawfully… Read More »
Florida Court Upholds Condo Owner’s “Stand Your Ground” Immunity
Florida law grants any person immunity from criminal prosecution for the justifiable use–or threatened use–of non-deadly force to prevent others from committing tortious or criminal interference with their personal property. This is a form of what is commonly referred to as “Stand Your Ground” (SYG) immunity. To be clear, SYG does not authorize any… Read More »
NASA Sub-Contractor Pleads Guilty to Federal Wire Fraud Charge
White collar crimes often involve allegations of financial fraud. For example, if the government believes that someone has filed false or fraudulent documents in order to obtain a financial benefit, that can lead to a prosecution of wire fraud. And you better believe the government will pursue such charges when the government itself is… Read More »
Orange County Jury Convicts Driver in DUI Accident Case
Driving under the influence (DUI) is a serious matter in Florida. Even a first offense carries the potential for 6 months in jail and a fine of between $500 and $1,000. Of course, those maximums can quickly escalate if a defendant has any prior drunk driving convictions–even outside of Florida–or there is another aggravating… Read More »
