Author Archives: Jay Butchko
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 »
What Happens When Police Conduct an Illegal Search in Florida?
The Fourth Amendment protects citizens from unreasonable searches and seizures. This principle is vigorously upheld in Florida. Under this protection, the police need a warrant or a valid warrant exception to conduct a search or seizure. Any search and seizure that does not meet these criteria is considered unlawful. However, while strict laws govern… Read More »
Is Spanking a Child Considered Illegal in Florida?
All parents have different ways of disciplining their children. Some parents spank their children, while others find it cruel. Spanking as a form of child discipline has been a topic of debate for a long time, especially when it comes to its legality. In Florida, spanking is not automatically considered an act of child… Read More »
Does Suspicion of DUI Create an “Exigent Circumstance” in Florida?
There are certain emergency situations where a police officer may conduct a warrantless search in connection with a criminal investigation. A common example of such “exigent circumstances” is where police believe that a suspect is about to destroy potential evidence–e.g., flushing drugs down the toilet–so an immediate entry is justified even if the officers… Read More »
Can Florida Police Officers Seize Possible Evidence in “Plain View”?
Even when the police lawfully stop and detain you, officers usually still need a warrant to search your personal effects without your consent. There is an exception, however, for anything that is considered in “plain view” of the officer. This exception has three requirements: The officer must be in a place where they have… Read More »
Can You Conspire to Commit Maritime Drug Trafficking from Land?
Conspiracy is one of the broadest–and yet hardest-to-define–criminal charges. Basically, a criminal conspiracy is any form of agreement between at least two people to commit some other crime, such as murder or drug trafficking. Once a conspiracy is established, all of the alleged co-conspirators can be charged, even if they did not directly participate… Read More »
Do All Members of a Drug Conspiracy Need to Be Sentenced the Same?
It is fairly common for state and federal prosecutors in Florida to charge multiple individuals with conspiracy to distribute illegal drugs. A conspiracy charge allows you to hold each individual co-conspirator criminally responsible without necessarily having to show what each participant did to advance the underlying crime. At the same time, sentencing judges retain… Read More »
How Does the “Safety Valve” in Drug Conspiracy Prosecutions Work?
Federal drug laws impose harsh mandatory minimum sentences for persons convicted of drug conspiracy, drug trafficking, and related crimes. One way that a defendant can obtain a more lenient sentence is through the so-called safety valve provision of federal law. The safety valve allows a trial court to impose a below-minimum sentence if the… Read More »
Frequently Asked Questions About Domestic Battery in Florida
Domestic violence broadly refers to any criminal offense involving physical injury to a family or household member. In Florida, battery is perhaps the most common type of domestic violence crime charged. Here are some questions we often get about domestic battery and the potential consequences of a conviction for such a crime. Who Is… Read More »
