Author Archives: Jay Butchko
Bribery vs. Extortion: Key Differences and Legal Implications
The crimes of bribery and extortion are often conflated due to their common association with corruption and abuse of power. However, these offenses are distinct in their legal definitions, underlying elements, and consequences. Understanding the differences between bribery and extortion is crucial for individuals accused of these crimes, as well as for businesses and… Read More »
The Sixth Amendment Right to Counsel: Protecting Legal Representation at Critical Stages
The Sixth Amendment to the United States Constitution guarantees the right to legal representation for anyone accused of a crime. This protection is vital to ensuring fairness in the criminal justice system and safeguarding individuals from prosecutorial overreach or unequal treatment. Understanding the nuances of this constitutional right is essential, especially for those facing… Read More »
Orange County Jury Convicts Man on Fentanyl Trafficking Charges
Drug trafficking carries some of the harshest criminal penalties under Florida law. “Trafficking” itself is broadly defined to include any act involving the sale, purchase, manufacture, delivery, or transport of drugs into Florida, as well as conspiring with others to do so. The actual penalty for drug trafficking generally depends on the quantity of… Read More »
Can a Judge Consider “Acquitted Conduct” in Determining a Drug Trafficking Sentence?
In any criminal trial, the government must prove a defendant’s guilt “beyond a reasonable doubt.” Without such proof, the jury must acquit the defendant. But what happens when a jury finds a defendant guilty on some charges but not others in the same case? Can the trial court still consider the “acquitted conduct” in… Read More »
How Serious Are the Penalties for Fentanyl Trafficking in Florida?
Recently, there has been some moderately good news regarding the fentanyl crisis that has affected Florida and most other parts of the United States. In early November, the Centers for Disease Control and Prevention reported that fatal overdoses of fentanyl were down 14.5 percent from 2023, marking the “lowest level of drug deaths in… Read More »
Can a Single Person Constitute a “Racketeering Enterprise” in Florida?
One of a Florida prosecutor’s favorite tools is the RICO statute. RICO stands for “racketeer influenced and corrupt organization,” and it empowers the state to go after alleged criminal gangs and similar groups as a single “enterprise.” Basically, if the prosecution can prove that a racketeering enterprise exists, they can charge individual members with… Read More »
The Role of Breathalyzer and Blood Test Results in Florida DUI Cases
Facing a driving under the influence (DUI) charge in Florida is not something to take lightly. A DUI conviction can result in significant penalties. Central to Florida DUI cases are the results of breathalyzer and blood tests. Breathalyzer and blood test results can serve as critical evidence in a Florida DUI case. Understanding how… Read More »
What Are the Consequences of a Second DUI in Florida?
In Florida, a DUI offense can have serious consequences. The consequences get even more severe when you are charged the second time. Florida’s strict laws are meant to deter repeat offenders and protect the public. If you face a second DUI charge in Florida, you should contact an experienced DUI attorney without delay. Below,… Read More »
Can a Florida Sentencing Judge Consider Previously Dismissed Charges?
Following conviction for any crime in Florida, the trial judge must consider a number of factors before pronouncing sentence. These factors include the circumstances surrounding the crime. The court may also consider the defendant’s prior criminal record. With respect to a criminal record, however, the trial judge cannot consider mere allegations of past wrongdoing…. Read More »
Can a Florida Police Officer Cite Their Experience with Other Criminals to Prove a Defendant’s Guilt?
A criminal trial is designed to establish whether or not the defendant committed the alleged crime. While prosecutors can rely on the testimony of law enforcement officers to help prove a defendant’s guilt, what they cannot do is ask for testimony about an officer’s experience regarding “general criminal behavior” in other cases. Florida courts… Read More »
