Author Archives: Jay Butchko
Florida Man Sentenced to 20 Years in Prison After Committing Murder While on Probation
One of the ironclad conditions of probation is that you cannot commit another criminal offense while still serving probation for a prior conviction. This includes crimes committed under another jurisdiction. For example, if you are on probation for a federal crime and commit a new offense under Florida state law, the federal court can… Read More »
Why Does Florida Still Have Six-Member Criminal Juries?
Dating back to 1215, when English barons imposed the Magna Carta on King John, it has been widely accepted under the common law that a person accused of a felony or other serious crime has the right to a trial by jury. The United States, which inherited the English common law system, continued that… Read More »
Is It a Crime to Threaten Someone on Social Media?
Social media services like Facebook and X (the former Twitter) make it possible for individuals to share their thoughts with a worldwide audience. And while some social media executives may tout their services as committed to “free speech,” the reality is that anything you do say online can be used against you in a… Read More »
Can the Police Use Statements You Make in a Job Interview Against You?
Before the police interrogate you, they must advise you of your right to remain silent and to speak with counsel. In a non-custodial situation, however, the police are free to talk to you without giving you such warnings. And as one Central Florida man recently learned the hard way, this includes statements you make… Read More »
Is a Florida Police Officer’s Testimony Enough to Support a DUI Arrest?
“Reasonable suspicion” is the legal standard a police officer must meet to initiate a DUI investigation under Florida law. Specifically, an officer must have reasonable suspicion that a driver’s normal faculties are “impaired” due to the use of alcohol or drugs. What is “reasonable” will depend on the circumstances. Speeding Justified Traffic Stop, Subsequent… Read More »
What Is “Money Laundering”?
In white collar criminal cases, federal prosecutors frequently charge defendants with some form of money laundering. In broad terms, money laundering is the process of attempting to ‘”cleanse the taint” from the proceeds of some criminal activity. One of the key federal money laundering statutes, 18 U.S.C. § 1956, makes it a crime for… Read More »
Does a Minor Have to Pay Restitution for Committing Theft in Florida?
In Florida juvenile justice cases, it is common practice for the courts to require a minor adjudicated delinquent to pay restitution to any victims. Section 985.437 of the Florida Statutes provides, “While the primary purpose of restitution is to compensate the victim, it also serves the rehabilitative and deterrent goals of the juvenile justice… Read More »
Florida Man Pleads Guilty to Conspiracy to Defraud Medicare of Over $36.2 Million
Health care fraud is big business for federal prosecutors here in Florida. Anyone suspected of defrauding Medicare or Medicaid can expect the full weight of the U.S. Department of Justice to come crashing down on them. Indeed, conviction of a health care fraud-related crime not only carries the potential for serious jail time–the government… Read More »
Are Ponzi Schemes Illegal in Florida?
Back in the early 20th century, a Boston man named Charles Ponzi realized that you could make a tidy profit through the use of international reply coupons. An IRC is a coupon that you can exchange for a certain number of priority airmail postage stamps from another country. Ponzi had agents buy IRCs in… Read More »
How Getting Arrested While Out on Bail Can Land You Back in Jail
As a general rule, when a person is charged with a crime in Florida they are entitled to seek pretrial release from custody on reasonable bail terms. Florida’s own Rules of Criminal Procedure further elaborate that such bail is a right unless the defendant is charged with a capital offense, or another crime punishable… Read More »
