Author Archives: Jay Butchko
What Happens If You Tamper with Physical Evidence in a Florida Criminal Case?
There are a few things you need to keep in mind if you are ever arrested on suspicion of a crime in Florida. First, never try to tamper with potential evidence. If you intentionally alter or destroy any physical evidence, the state can charge you with a felony separate from the original charge. Second,… Read More »
Will a Florida Court Vacate a Conviction If the Accuser Recants?
Many criminal convictions turn on accuser or eyewitness testimony. So what happens if the witness later recants? Is that enough to overturn a defendant’s conviction, or at least entitle them to a new trial? The short answer is that a recantation, in and of itself, does not automatically guarantee a reversal or new trial…. Read More »
Can You Waive Your Right to a Jury Trial in a Florida Criminal Case?
Everyone accused of a criminal offense in Florida has an absolute right to trial by jury. This right is guaranteed in both the United States and Florida constitutions. In Florida, a person accused of a capital crime has the right to be tried by a jury of at least 12 persons; in all other… Read More »
Can the Police Search Your Property If You “Abandon” It?
With certain exceptions, the police cannot search your property without a warrant. One exception is a search incident to a lawful arrest. For example, say the police arrest you while you are wearing a backpack. Assuming the arrest is valid, the police can search your backpack without first obtaining a warrant, and any evidence… Read More »
Could I Go to Jail If I Cannot Pay My Taxes?
Florida has no state income tax. Of course, most Floridians are still on the hook for federal income taxes. This can impose significant financial hardship, particularly for those who are self-employed or rely on non-traditional means for earning a living. In many cases, a person simply cannot afford to pay their income tax bill… Read More »
Do the Police Have to Read My Rights Again If I “Re-Initiate” Contact?
One of the most basic principles of criminal defense law is that a suspect never has to answer questions to the police. Indeed, every police officer knows they must give a Miranda warning advising a person of both this right to remain silent as well as the right to speak with an attorney. Such… Read More »
Can You Refuse a Field Sobriety Test in Miami?
When a police officer suspects someone of drunk driving, the officer will often ask the suspect to take one or more “field sobriety tests.” For example, the officer will instruct the suspect to close their eyes, tilt their head back, and attempt to touch their nose with one finger. If the suspect has difficulty… Read More »
What Are the Differences Between Felonies and Misdemeanors in Miami?
When you are arrested on suspicion of committing a crime in Florida, you may be charged with a felony and/or a misdemeanor depending on the circumstances. Although misdemeanors are generally considered less serious than felonies, they still carry significant consequences for a conviction. In addition, there are different types or “degrees” of felonies and… Read More »
Former Jacksonville Jaguars Executive Sentenced for Wire Fraud
Mail and wire fraud are two of the most common federal white collar criminal charges a person can face in South Florida. These crimes involve the use of a physical or electronic communications system to defraud another person. In many cases, mail fraud or wire fraud serves as an “add-on” charge with other white… Read More »
Your Right to a “Probable Cause” Hearing Under Florida Law
If you have been arrested on suspicion of a felony in Florida, you typically have the right to a first appearance before a judge within 48 hours. At this first appearance, the judge will determine if there is probable cause to believe that a crime has been committed and that you committed said crime…. Read More »
