Author Archives: Jay Butchko
Probable Cause And Florida Criminal Cases
What all defendants have in common at the beginning of their criminal cases is that they may have committed a crime. If it were obvious to everyone that you were innocent, and no one ever suspected you of anything, you would not be in criminal court. After meeting with your lawyer, you might decide… Read More »
What Does It Mean When Your Case Ends In Nolle Prosequi?
Is getting acquitted the best possible outcome in a criminal case? Yes and no. If you plead not guilty to criminal charges, and the jury returns a verdict of not guilty at trial, then you are cleared of the charges forever. Even if investigators later find incriminating evidence that the prosecution did not present… Read More »
Pill Presses: Harmless Ecommerce Gig Or Drug Trafficking Paraphernalia?
If drug users are creative enough, almost anything can be drug paraphernalia. Everyone has a friend of a friend who turned an apple into a pipe for smoking weed. If you are making pot brownies, then a box of Betty Crocker brownie mix from the dollar store is drug paraphernalia. Pill presses are different. … Read More »
How To Get Post-Conviction Relief In Florida
You don’t have to be a criminal justice reform activist to know that some of the people who receive criminal penalties have been wrongfully convicted. Almost anyone who has served time in prison has met numerous inmates who complain that some aspect of their trial or sentence was unfair, even though, as the stereotype… Read More »
Are You Obstructing Justice If You Just Go About Your Business Until Your Trial?
In some comedy sketches, authority figures seem determined to punish the common man for any and every little thing, and when the everyman character dares to ask why, the tyrant keeps issuing more and more demerits until a ridiculous number of them pile up. The likes of Franz Kafka also wrote about similar situations,… Read More »
The Lack Of Criminal Intent Defense
When it is obvious that no one will believe you that you didn’t do it, can you talk your way out of trouble by saying, “I didn’t do it on purpose?” It depends on the context. Your grandparents will probably still be mad that you knocked over the ceramic lamp, even though it was… Read More »
Be Careful With That Alibi
The alibi defense is only one of many defenses that defendants can use in criminal court. It is a factual defense, which means that you are saying, “I didn’t do X.” In other words, it is not an affirmative defense, where you say, “I did X, but the X that I did doesn’t fit… Read More »
Is It Good Or Bad If Your Criminal Case Ends In A Mistrial?
If you go to a sufficiently populated place in Florida, such as a beach, theme park, or shopping mall, there is a good chance that someone there has been convicted of a crime. Maybe someone is currently on probation or will never complain about overpriced mall food court food since it is such an… Read More »
What’s All the Fuss About Pink Cocaine?
You don’t have to have a degree in marketing to know that an eye-catching visual appearance can be an excellent marketing tactic. When you think about it, Everlasting Gobstoppers, Sweet Tarts, and Skittles don’t taste like much, but they sure are colorful. Of course, if all you want is something that looks and tastes… Read More »
Affirmative Defenses And Florida Criminal Law
Proving that you did not commit a crime is a tall order, indeed. This is why courts do not require defendants to prove their innocence in order to secure a verdict of not guilty in a criminal case. Instead, they must only show that there is reasonable doubt about the veracity of the accusations… Read More »