Author Archives: Jay Butchko
Can the Police Record Your Conversations With Another Suspect?
It is well understood that Florida law enforcement must advise a criminal suspect of their right to remain silent prior to a custodial interrogation. This is part of the famous Miranda warning. But what about a situation where you are in police custody and make a potentially incriminating statement to a fellow suspect? Could… Read More »
When Is Child Hearsay Admissible in a Florida Sex Crimes Prosecution?
Under Florida law, hearsay evidence is inadmissible in most criminal cases. Hearsay refers to any out-of-court statement used to prove the truth of the matter asserted. To give a simple illustration, a witness in a criminal trial can testify as to what the defendant told them. But the witness could not testify as to… Read More »
What Is “Reasonable Doubt” in a Florida Criminal Trial?
You have likely heard the phrase “reasonable doubt” used in connection with criminal trials. This refers to the prosecution’s burden of proof when attempting to convict a defendant of a criminal charge. The trier of fact–a jury, or a judge sitting alone–must determine whether the state has proved the defendant’s guilt on each element… Read More »
How “Ineffective Assistance of Counsel” Can Affect Your Right to a Fair Trial in Florida
We all make mistakes in the course of our daily lives. This includes mistakes made in doing our jobs. Of course, when your job is defending someone accused of a serious crime, a mistake can prove costly for the defendant. Many Florida criminal appeals are based on allegations of “ineffective assistance of counsel.” Essentially,… Read More »
What Is Considered “Criminal Mischief” in Florida?
Everyone knows that taking another person’s property without their consent is criminal theft. But what if someone intentionally damages another person’s property without taking it? Under Florida law, that falls under the category of “criminal mischief.” More precisely, criminal mischief occurs when a person “willfully and maliciously injures or damages by any means any… Read More »
Can the Police Really Use a Battering Ram to Break Down My Door?
We have become all too accustomed to seeing stories on the news of police aggressively breaking down people’s doors–often using military equipment like battering rams–just to execute a search warrant. In many cases, the police seemingly do not bother to even announce their presence before busting down a door. But is such conduct really… Read More »
Is Throwing the Gun Away “Tampering” with Evidence?
Under Florida law, it is a felony for someone to tamper with evidence. But what exactly is “tampering”? Let’s say Karl shoots Dave with a gun. Karl then flees the scene and tosses the gun into a sewer. The police eventually arrest Karl and charge him with shooting Dave. Can they also charge him… Read More »
Can the Police Order You to Exit Your Car Before a K-9 Search?
In 2015, the United States Supreme Court held in Rodriguez v. United States that “[a]bsent reasonable suspicion, police extension of a traffic stop in order to conduct a drug sniff violates the Constitution’s shield against unreasonable seizures.” In other words, if an officer pulls you over to issue a traffic ticket, the officer cannot… Read More »
Could a Florida Statutory Rape Conviction Get You Deported?
Miami is a city of immigrants. Whether you are in the United States lawfully or as an undocumented immigrant, however, you are subject to possible deportation upon conviction for a variety of federal and state criminal offenses. For example, a person admitted to the United States as a refugee under a grant of asylum… Read More »
What Happens If You Threaten to Kill a Federal Judge?
Dealing with the legal system is often frustrating for litigants, especially when they feel they have been treated unfairly by the courts. It should go without saying, however, that you should not attempt to take out those frustrations by threatening physical violence against officers of the court. As you can probably guess, making such… Read More »
