Author Archives: Jay Butchko
Can the Police Search Your Property After You “Abandon” It?
It is a basic principle of constitutional law that in most cases, the police may not search a person’s property without either the owner’s consent or obtaining a valid search warrant. One exception to this rule is for “abandoned property.” In simple terms, if you voluntarily abandon property, there is no longer a “reasonable… Read More »
How the Federal Anti-Kickback Statute Can Land You in Prison
If you work in the healthcare industry, you need to be cognizant of the federal Anti-Kickback Statute (AKS). The AKS imposes criminal and civil liability on anyone who offers, solicits, pays, or receives any form of payment in exchange for the referral of services or products covered by a federal health care program. In… Read More »
Is Bankruptcy Fraud the Same Thing as “Grand Theft” in Florida?
In a criminal case, Florida prosecutors may try to introduce evidence of crimes the defendant may have committed other than the charged offense. There are, however, restrictions on such evidence. Florida courts must apply what is known as the Williams rule to decide if “collateral crime evidence” is relevant and would not prejudice the… Read More »
Does the Severity of a DUI Accident Victim’s Injuries Matter in Criminal Sentencing?
In Florida felony cases, judges must follow the Criminal Punishment Code (CPC) when sentencing a defendant. The CPC creates a scoring system that assigns points for a number of different variables. For example, each specific felony offense has an “offense level” between a 1 and 10. Each level carries a different number of “points.”… Read More »
Can a Florida Police Officer Demand You Take a Breath Test Outside of Their Jurisdiction?
Florida courts have long recognized the “color of office” rule. Basically, this rule provides that a police officer cannot use the appearance of official power in a jurisdiction where they have no such power. The rule dates back to a 1962 case, Collins v. State, where two West Palm Beach police officers illegally conducted… Read More »
Understanding the Legal Risks of Using Counterfeit Currency in Florida
Counterfeiting is one of the oldest white collar crimes prosecuted in the United States. In fact, the United States Secret Service was founded in 1865, not to protect the President from harm, but to investigate and arrest people who manufactured counterfeit coins and bank notes. Today, counterfeiting is much less common than it was… Read More »
Can You Go to Jail for Failing to Pay Restitution?
In most cases, you cannot be sent to prison for failing to pay a debt. One exception is if you are required to make financial restitution as a result of a criminal conviction. For example, it is common for courts to require defendants convicted of financial fraud to pay restitution to their victims. If… Read More »
How a Domestic Violence Conviction Can Affect Your Right to Own a Firearm
As of July 1, 2023, Florida residents can legally carry a concealed firearm without a permit or license. There are, however, some critical exceptions. Previously, a resident had to apply for a concealed carry permit from the Florida Department of Agriculture and Consumer Services. And under the current law, a person who was lawfully… Read More »
Hillsborough County Man Sentenced to Federal Prison for Income Tax Fraud
Many Florida residents fall prey to financial scams that promise them a way to earn easy money. While many of these schemes only end up costing victims their own money, there are cases where the targets are convinced to participate in the scam themselves. Unfortunately, these people often get caught and find themselves prosecuted… Read More »
Can the Government Prosecute You for Having Drugs in Another Country’s Waters?
There is a common misconception that if you are on a boat in “international waters,” you are essentially free to do whatever you want without fear of criminal prosecution. That is not true. Under the United States Constitution, Congress has the authority to define and punish felonies that occur on the “high seas,” which… Read More »