Author Archives: Jay Butchko
When Can You Argue Self-Defense to a Florida Jury?
Not all use of deadly force is a crime under Florida law. For instance, a person charged with murder or manslaughter may argue, as an affirmative defense, that their use of deadly force was “necessary to prevent imminent death or great bodily harm” to themselves or another person. Additionally, the use of force is… Read More »
How Misrepresenting Your Medical Status Can Lead to Mail Fraud Charges
Many white collar crimes, such as mail fraud, center on allegations that the defendant made false statements in connection with applying for government benefits. For example, say a person applies for disability. This requires them to provide evidence they suffer from a medical condition that prevents them from engaging in any meaningful work. If… Read More »
Is Medicaid Fraud the Same as Grand Theft in Florida?
Although it is common for Florida prosecutors to bring multiple criminal charges arising from the same act or event, the Constitution’s prohibition against double jeopardy imposes certain restraints. Notably, if the state charges two separate offenses, one crime must require proof of an element that the other does not. Put differently, a person cannot… Read More »
What Happens When Florida Prosecutors Violate Discovery Rules in Juvenile Proceedings?
In any criminal case, Florida law imposes certain discovery obligations on the state. Discovery is the pretrial process where both parties exchange certain information. Notably, prosecutors are required to disclose the names and addresses of any witnesses who may have information that is relevant to the case. If the defense believes that the state… Read More »
Florida Man Sentenced to 20 Years in Prison After Committing Murder While on Probation
One of the ironclad conditions of probation is that you cannot commit another criminal offense while still serving probation for a prior conviction. This includes crimes committed under another jurisdiction. For example, if you are on probation for a federal crime and commit a new offense under Florida state law, the federal court can… Read More »
Why Does Florida Still Have Six-Member Criminal Juries?
Dating back to 1215, when English barons imposed the Magna Carta on King John, it has been widely accepted under the common law that a person accused of a felony or other serious crime has the right to a trial by jury. The United States, which inherited the English common law system, continued that… Read More »
Is It a Crime to Threaten Someone on Social Media?
Social media services like Facebook and X (the former Twitter) make it possible for individuals to share their thoughts with a worldwide audience. And while some social media executives may tout their services as committed to “free speech,” the reality is that anything you do say online can be used against you in a… Read More »
Can the Police Use Statements You Make in a Job Interview Against You?
Before the police interrogate you, they must advise you of your right to remain silent and to speak with counsel. In a non-custodial situation, however, the police are free to talk to you without giving you such warnings. And as one Central Florida man recently learned the hard way, this includes statements you make… Read More »
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 »