Author Archives: Jay Butchko
Why You Should Avoid Taking A Field Sobriety Test
When an officer suspects you might be driving intoxicated and pulls you over they will likely ask you to take a field sobriety test. Defense attorneys have limited prosecutors to calling such “tests” exercises while in front of juries so as not to confuse juries as to the real value of the officers observations… Read More »
Hate Crimes in Florida
The Florida Attorney General’s report on hate crimes stated that there were 168 reported hate crimes in 2018. Of those, 43.5 percent were race-related hate crimes. With the increase in awareness of Hate-Crimes and the expansion of Hate-Crime interpretation within the criminal justice system, this number may rise. What Defines a Hate Crime A… Read More »
Vandalism/Criminal Mischief
Offense of Criminal Mischief Vandalism, also called criminal mischief, occurs when an offender willfully and maliciously causes damage to property. Graffiti is the most commonly known type of vandalism, but it can also include breaking office building windows, slashing car tires, egging homes or cars, and much more. Depending on the value of the… Read More »
The War on Drugs is Not Working To Solve the Opioid Crisis
Being convicted of an opioid possession or trafficking offense is a serious crime. Due to the opioid epidemic, prosecutors, judges, and jurors are eager to impose maximum penalties, even when the defendant was clearly only in possession of narcotics because they themselves were trapped in a cycle of chemical addiction. While drug manufacturers like… Read More »
How Smart Device Technology is Being Used in Criminal Cases
With more and more smart technology being incorporated into daily life, law enforcement and prosecutors are searching for new ways to gain evidence in criminal cases. Just about everyone is aware that a computer’s search history or hidden files can be used against them in a murder trial, but what about your smart TV… Read More »
Arrested at a Port St. Lucie Protest?
If you were arrested at a protest and charged with an offense, you need to talk to an experienced Port St. Lucie criminal defense attorney to ensure that you are not wrongfully convicted. Common Protest Offenses Unlawful Assembly—Defined under statute 870.02 as three or more people meeting to “commit a breach of the peace,… Read More »
Your Rights as a Protester
Hundreds of people protesting police brutality and the murder of George Floyd have been arrested throughout Florida, according to the Miami Herald. In many cases, defendants are jailed and then let go without being charged with a crime. In other instances, defendants are prosecuted to the full extent of the law. If you were… Read More »
Defending Against a Restraining Order
Restraining orders, which are called “injunction” orders in Florida, can have a profound effect on the restrained person’s life. From not being allowed to see your children to losing your right to own a firearm, an injunction has serious consequences, and must be handled by an experienced family law or criminal defense lawyer. There… Read More »
Not All Prenuptial Agreements Are Held Up in Court
A prenuptial agreement can be an important aspect of marriage and a useful tool to protect oneself, or the other spouse, in the event of a divorce, risky business venture, gambling addiction, bad credit, bad loan, or another known or unforeseen event or circumstance down the road. Most prenuptial agreements are put into place… Read More »
Assault and Battery on Someone 65 Years or Older
Assault, aggravated assault, battery, and aggravated battery carry an additional penalty when the victim is 65 or older. For obvious health and safety reasons—for example, aging makes bones and tendons more brittle, according to MedLinePlus—senior citizens are given extra protection in Florida, and defendants charged with assaulting or harming senior citizens are heavily punished… Read More »
