Author Archives: Jay Butchko
Do Florida Police Officers Need Consent to Administer Field Sobriety Tests?
When a Florida police officer suspects a person of driving under the influence (DUI), the officer may administer one or more “field sobriety exercises” or FSEs. For example, an officer might ask the driver to touch their finger to their nose or walk heel-to-toe for a specified distance. In theory, an FSE can help… Read More »
Culpable Negligence and Aggravated Manslaughter in Florida
In Florida, an unlawful killing that does not rise to the level of murder is considered manslaughter. This does not mean a manslaughter charge is something to be taken less seriously. To the contrary, in many cases a manslaughter charge–especially if it is considered “aggravated” manslaughter–is a felony of the first degree under Florida… Read More »
Frequently Asked Questions About “No Contest” Pleas in Florida Criminal Cases
When you are arraigned on a criminal charge in Florida, the judge will ask you to enter a plea. In most cases, the defendant enters a plea of “guilty” or “not guilty.” But there is a third option known as a plea of nolo contendere or “no contest.” Essentially, a plea of nolo contendere… Read More »
What Is the “Search Incident to Arrest” Exception?
The basic rule under the Fourth Amendment to the United States Constitution is that a police officer cannot conduct a search of your property without first obtaining a warrant. As with most general rules, of course, there are a litany of exceptions. For instance, the Supreme Court has long held that an officer may… Read More »
Charged With Improperly Exhibiting a Firearm in Florida? What You Need to Know
The Second Amendment to the U.S. Constitution protects your right to keep and bear arms. Of course, it is not an unadulterated right. There are a number of different state and federal laws that affect gun rights. In Florida, the exhibit/display—including a firearm—is a criminal offense. Here, our Orlando gun & weapon criminal defense… Read More »
Criminal Defense in Florida: Excluding Illegally Obtained Evidence
A police officer does not have to search your person, your vehicle, or your property. To conduct a lawful search, law enforcement officers need probable cause—which often requires a judicial warrant. You may want to ask: What happens if I am the subject of an illegal search in Florida? The short answer is that… Read More »
A Comprehensive Guide to Florida’s Anti Street Racing Law (Criminal Charges)
In recent years, street racing has been reported as a rising phenomenon in Florida. Indeed, there have been several highly publicized incidents in the Orlando area. You may be wondering: Is street racing a criminal offense? The answer is “yes”—not only does Florida have a specific street racing statute, but a driver could face… Read More »
An Overview of Common Strategies for Defending a Drug Possession Charge in Florida
Drug possession is a serious criminal charge It could be charged as a state level offense or even a felony offense. Depending on the alleged quantity and the specific controlled substance in question, drug possession may be a felony criminal offense. Of course, a charge is not the same thing as a conviction. You… Read More »
Your Guide to Field Sobriety Tests (Field Sobriety Exercises) and DUI Charges in Florida
Were you stopped for a possible DUI in Orlando or elsewhere in the region? If so, you may be asked to perform a field sobriety test. In Florida, field sobriety tests are also often referred to as field sobriety exercises. It is imperative that you understand your rights and responsibilities. Here, our Orlando DUI… Read More »
How Do You Exercise Your Right to a Criminal Defense Attorney in Florida?
Facing a criminal charge is incredibly stressful. The right professional legal counsel can make all of the difference. You are probably already broadly aware of the fact that you have the right to be represented by a lawyer. You may be wondering: How do you actually get an attorney after an arrest? In this… Read More »
