Author Archives: Jay Butchko
Understanding the Independent Source Doctrine in Florida Child Pornography Cases
A key legal issue for anyone facing child pornography allegations is whether the prosecutor’s evidence was obtained legally. If law enforcement goes beyond the limits set by the Fourth Amendment, a defendant may be able to challenge the evidence against them. A recent Florida appellate decision sheds light on how courts apply the “independent… Read More »
How Courts Handle Claims of Ineffective Assistance of Counsel in Child Pornography Cases
After a defendant is convicted of child pornography charges, it is crucial for them to understand the grounds under which they can move to vacate their conviction. One of the valid grounds for vacating such a conviction is ineffective assistance of counsel. However, courts scrutinize claims of ineffective assistance of counsel. Overturning a conviction… Read More »
Mistakes To Avoid When Facing a Traveling To Meet a Minor Charge in Florida
Being charged with “traveling to meet a minor” (Florida Statutes section 847.0135) can be really scary and overwhelming. This offense carries dire consequences, such as prison time and mandatory sex offender registration if you’re convicted. Because the stakes are so high, it’s crucial to be cautious about the steps you take after learning about… Read More »
What Is a Self-Defense Immunity Hearing in Florida?
Florida law provides a powerful legal justification for using force, including deadly force, without the legal obligation to retreat in certain situations. This is referred to as the “Stand Your Ground” law. However, while many people have heard the term “self-defense,” not many understand how it works. Specifically, many people do not realize that… Read More »
Common Misconceptions About Online Solicitation Cases
Online solicitation cases are among the most serious cases in Florida and at the federal level. Florida and federal laws impose severe penalties for using a computer or another electronic device to communicate illegally with minors. Unfortunately, there are many myths about this offense, which can lead to confusion. If you do not understand… Read More »
How Police Sting Operations Work in Florida Solicitation of Minor Cases
Florida takes crimes against children very seriously. Law enforcement officers employ several tactics to catch perpetrators. Child sex sting operations are one of the most common tactics law enforcement officers in Florida use to catch people who seek to engage in illegal sexual activity with minors. Usually, these operations involve undercover agents pretending to… Read More »
You Don’t Have To Meet a Minor To Face Solicitation Charges
Many people mistakenly believe that “online solicitation of a minor” charges only apply when a person physically meets a minor. The reality is that just chatting with someone you believe is a minor in a sexual manner is enough to land you in legal trouble. It is crucial that you understand this about solicitation… Read More »
Understanding Entrapment Defense in Florida Online Solicitation Cases
Over the years, online sex sting operations have become a popular method for law enforcement to catch suspected child predators. While online sting operations aim to protect children, they sometimes raise complex legal questions. A common legal question is whether the police entrapped the defendant. If you are charged with online solicitation and believe… Read More »
Legal Defenses Against Online Solicitation Charges in Florida
In Florida, among the most serious charges you can face are online solicitation charges. Being charged with online solicitation can feel really scary. The crime of online solicitation carries severe penalties. If you are convicted, you could face lengthy prison time, mandatory sex offender registration, and dealing with lasting social stigma. However, it is… Read More »
The Harsh Consequences of Enticing a Minor as a Repeat Offender
Law enforcement in Florida and federal prosecutors take crimes related to enticing minors very seriously. Being convicted of such a crime can result in severe penalties, especially if the person has a previous conviction. For repeat offenders, consequences of being convicted of enticing a minor can include decades in prison, lifetime supervision, and permanent… Read More »
