Author Archives: Jay Butchko
Is Manslaughter a “Crime of Violence”?
Federal law has long barred many convicted felons from legally owning a firearm. In sentencing a person convicted of being a felon in possession of a firearm, a federal judge must consider whether the defendant has at least two prior convictions for a “crime of violence” on their record. If they do, that increases… Read More »
When Is a Fine Considered “Excessive”?
The Eighth Amendment to the United States prohibits a court from imposing any “excessive fines.” As the United States Court of Appeals for the 11th Circuit explained in a recent decision, United States v. Schwarzbaum, this ban on excessive fines was taken from the Virginia Declaration of Rights of 1776, which in turn got… Read More »
Is Possession of “Virtual” Child Pornography a Crime?
Modern computer graphics software makes it relatively simple for even a novice designer to create realistic-looking images. And with the advent of so-called artificial intelligence models that can automatically generate images based on text prompts, you do not even need to know how to draw to make an image of whatever you can think… Read More »
Criminal Fraud and the “Nature of the Bargain”
White collar crimes, such as wire and mail fraud, are based on a “scheme or artifice to defraud.” Basically, if you use deception to deprive a person of their money or property, that is fraud. This requires the government to prove that the defendant (1) knew they were making false statements or acted with… Read More »
What Is the “Safety Valve” in a Florida Drug Trafficking Case?
Federal law requires judges to impose mandatory minimum sentences for a number of criminal offenses. There is an exception, however, often known as the “safety valve.” The safety valve permits a judge to impose a below-minimum sentence–even over the government’s objections–in certain drug trafficking and unlawful drug possession cases. Not every defendant is entitled… Read More »
Can You Sue Your University Anonymously?
Many Florida college students find themselves facing university disciplinary proceedings over allegations of sexual assault, sexual harassment, and underage drinking. Unlike a criminal trial, a student’s due process rights in these proceedings are often severely limited. But in some cases, the student may have the right to initiate their own legal action against their… Read More »
Could I Lose My U.S. Citizenship Due to a Drug Conviction?
Under United States immigration law, a non-citizen may be removed (deported) from the country if they are convicted of an aggravated felony or a “crime of moral turpitude.” But what about an immigrant who becomes a naturalized citizen of the United States? Is it possible to lose your citizenship due to a criminal conviction?… Read More »
Is Leaving a Halfway House Early the Same as “Escaping” from Prison?
In criminal law there is a concept known as mens rea, which is Latin for “guilty mind.” It refers to a legal requirement in a criminal prosecution that the government prove the defendant acted with a culpable state of mind. That is to say, the defendant must be aware they are engaged in a… Read More »
What Is an “Affirmative Act” Constituting Tax Evasion?
Tax evasion is about more than simply owing the IRS money. The mere fact you lack the funds to pay your tax bill is not itself a crime. But if you commit an “affirmative act” intended to avoid payment of a tax, then you can be charged with criminal tax evasion. This includes any… Read More »
Can a Florida Prosecutor “Comment” on Your Right to Remain Silent?
In any criminal proceeding, the federal and Florida state constitutions guarantee your right to remain silent. This means you do not have to testify at your own trial. It also means that if you do so, the jury is not allowed to assume or infer your guilt based on your decision to remain silent…. Read More »
