Author Archives: Jay Butchko
What Happens to My Auto Insurance Following a Florida DUI Conviction?
Under Florida’s drunk driving laws, any DUI conviction will lead to the suspension of a defendant’s driver’s license. Indeed, even if a person is charged but never criminally convicted of DUI, they can still face an administrative license suspension of 6 months. This also applies to “implied consent” cases where a driver is lawfully… Read More »
Florida Court Upholds Condo Owner’s “Stand Your Ground” Immunity
Florida law grants any person immunity from criminal prosecution for the justifiable use–or threatened use–of non-deadly force to prevent others from committing tortious or criminal interference with their personal property. This is a form of what is commonly referred to as “Stand Your Ground” (SYG) immunity. To be clear, SYG does not authorize any… Read More »
NASA Sub-Contractor Pleads Guilty to Federal Wire Fraud Charge
White collar crimes often involve allegations of financial fraud. For example, if the government believes that someone has filed false or fraudulent documents in order to obtain a financial benefit, that can lead to a prosecution of wire fraud. And you better believe the government will pursue such charges when the government itself is… Read More »
Orange County Jury Convicts Driver in DUI Accident Case
Driving under the influence (DUI) is a serious matter in Florida. Even a first offense carries the potential for 6 months in jail and a fine of between $500 and $1,000. Of course, those maximums can quickly escalate if a defendant has any prior drunk driving convictions–even outside of Florida–or there is another aggravating… Read More »
COVID Fraud Prosecutions on the Rise in Florida
During the early stages of the COVID-19 pandemic, Congress authorized a number of emergency relief programs to help struggling businesses stay afloat. But now, nearly four years later, the government’s focus has shifted to prosecuting individuals suspected of misusing those relief funds. Indeed, we have seen a marked increase in prosecutions of white collar… Read More »
When Can Florida Police Make a Misdemeanor Arrest Without a Warrant?
Under Florida law, a police officer can arrest a suspect if that suspect committed a felony or misdemeanor in the officer’s presence. In other words, if an officer sees you committing what appears to be a crime, they do not have to get a warrant before placing you under arrest. Nor does the officer… Read More »
How DNA Evidence Can Affect Your Rights Under Florida’s Criminal Statute of Limitations
The prosecution of many criminal offenses in Florida is subject to a statute of limitations. This refers to the time period the state has to formally charge the accused. It does not mean the state has to actually try the accused within the limitations period, although that is subject to separate constitutional protections for… Read More »
Can a Criminal Conviction in Florida Bar Me From Licensed Occupations?
An often overlooked consequence of a criminal conviction is the potential impact on your job or occupation. Obviously, if you are an “at-will” employee working for a private employer, you can be fired at any time with or without cause. And since a criminal conviction is a matter of public record, it is not… Read More »
How Impeding Interstate Commerce Can Lead to Federal Criminal Charges
Many federal crimes are based on Congress’ constitutional power to regulate interstate commerce. For example, a person commits federal mail fraud if they use any means of interstate communication to defraud someone out of money. Similarly, if you engage in a violent act that somehow impedes interstate commerce–such as using an explosive to destroy… Read More »
Is It Still Shoplifting If You Put the Merchandise Back?
Under Florida law, a person commits theft if they “knowingly” obtain to use–or “endeavor” to obtain or use–someone else’s property with the intent to deprive that person of their property. Put another way, you can still be convicted of theft in Florida by attempting (i.e., endeavoring) to take someone else’s property, even if that… Read More »