Author Archives: Jay Butchko
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 »
Do You Have to Identify Yourself to a Police Officer?
When a police officer in Florida initiates a traffic stop, they can require the driver to identify themselves by demanding to see their driver’s license. But what about other people inside of the vehicle? Can the police demand to know the identity of a passenger? And if the passenger refuses, are they committing a… Read More »
What Are the Criminal Penalties for Using Someone Else’s Identification?
Using a fake ID is often associated with teenagers looking to drink. Of course, it is against the law. And you can be charged with a third-degree felony in Florida if you get caught. Even worse is using someone else’s identification to commit fraud. Depending on the circumstances, this can bring the full weight… Read More »
Can a Public Defender Represent You in a Civil Matter?
The standard Miranda warning that police give includes advising criminal suspects that they have the right to an attorney during questioning, and “If you cannot afford a lawyer, one will be appointed for you before any questioning if you wish.” Indeed, anyone facing possible jail time for a crime in Florida has the right… Read More »
Is It Illegal for the Healthcare Provider to Pay for Referrals in Florida?
Many white collar crimes in Florida center on the healthcare industry. For example, Section 817.505 of the Florida Statutes makes it unlawful for anyone, including a healthcare provider or facility, to pay any sort of “benefit, bonus, rebate, kickback, or bribe” in exchange for a patient referral. A violation of this section is a… Read More »
Former WWE Star Sentenced to 17.5 Years Following Fatal Volusia County Crash
A Florida DUI charge can quickly escalate due to a number of potential aggravating factors. While most first offenses for drunk driving are misdemeanors in Florida, it is still possible to face a felony charge if one of these factors is present. For example, if your blood alcohol content is 0.15 percent or higher,… Read More »
Is “ShotSpotter” Technology Considered Valid Evidence in a Florida Criminal Case?
The tech industry has always operated under a “move fast and break things” mentality. This approach can lead to problems when it comes to the use of new technology in law enforcement, however, where the appearance of objectivity can mask serious problems that may affect the rights of people accused of criminal offenses. In… Read More »
Can You Go to Jail for Violating a Civil Injunction?
It is no secret that private corporations exercise an enormous amount of political influence. This influence often extends to the legal system as well. But how far can prosecutors and the courts go in enforcing the demands of private business? And at what point do private citizens face potential criminal liability for acting in… Read More »
Former Jacksonville Jaguars Employee Faces Federal Wire Fraud Charges
Stealing from your employer can mean more than losing your job. You could also face serious criminal charges. Indeed, if you use any means of interstate communication, such as the Internet, to steal from or defraud your employer, federal prosecutors can charge you with wire fraud. This is one of the most commonly prosecuted… Read More »
Must a Florida Jury Determine Every Fact Applicable to a Defendant’s Sentence?
Any person charged with a crime in Florida has the right to a jury trial under the Sixth Amendment to the United States Constitution. In 2013, the U.S. Supreme Court clarified this right meant that “any fact that increases the mandatory minimum” sentence for the alleged crime is an “element that must be submitted… Read More »
