Author Archives: Jay Butchko

Tampa Woman Accused Of Fraudulently Obtaining Official Documents And Government Benefits
Most cases of identity theft do not involve a defendant literally pretending to be someone else. A case where John pastes his photo onto Sam’s driver’s license, introduces himself to people as Sam, wears a “Sam” nametag at work, and receives paychecks issued to Sam is the kind of identity theft that occurs in… Read More »

Two South Florida Men Face Criminal Charges After A Series Of Fraudulent UberEats Transactions
Just as a new wave of COVID gains momentum in the distance, South Floridians have finally started to unlearn some of the bad habits we picked up during the pandemic. We have returned to the habit of greeting each other and making small talk instead of only ever taking a break from doom scrolling… Read More »

Is It A Good Idea For Defendants To Testify At Their Own Criminal Trials?
You have the right to remain silent from the moment that you are arrested until the moment the jury delivers a verdict, and even afterward. Even when a judge asks you to enter a plea, you have the right not to respond, in which case the court will record your plea as “not guilty.” … Read More »

Jury Trials In Florida: Behind The Scenes
Most people who get arrested on suspicion of a crime will not face a trial by jury. Some of them will be released without ever formally receiving criminal charges, and some will have their charges dropped before or shortly after they enter a plea. Of the defendants whose run-in with the law does not… Read More »

Starting Off On The Right Foot At Your Arraignment
In many kinds of legal actions, dealing with the court is an exercise in waiting; personal injury cases take an eternity, and some divorce cases last longer than the marriage ever did. By contrast, criminal cases start quickly. The Sixth Amendment guarantees the right to a speedy trial, and if the court subjects you… Read More »

Beyond Fentanyl And Narcan: Other Potent Synthetic Opioids And New Treatments For Opioid Reversals
If you have been following news headlines about Florida’s opioid abuse crisis for the past 20 years, the drugs keep getting stronger and scarier, but more reasons for hope keep appearing. After the pill mills shut down, people turned to heroin, and then fentanyl entered the drug supply. Narcan, Good Samaritan laws, and the… Read More »

Frequently Asked Questions About Depositions In Florida Criminal Cases
All defendants in criminal cases have the right to due process of law, which means that the state and all other parties involved in the case must follow the legal procedures correctly. Unless the defendant quickly decides to plead guilty, then there is a pretrial discovery phase where both the prosecution and the defense… Read More »

Florida Just Got Less 420 Friendly
How 420 friendly is Florida? It depends who you ask, and to some extent, it depends on the day. If you walk along the beach in Tampa, you will probably find at least one person who has smoked a joint on the very same beach every day since the 1980s and has never faced… Read More »

How Soon Should A Criminal Trial Begin?
Time flies when you’re having fun, but it inches along at a snail’s pace when you are sitting in a jail cell. While serving a prison sentence is such an unpleasant experience that the U.S. Supreme Court has ruled that you have the right to have a professional attorney help you avoid it even… Read More »

Trying To Hide Your Drugs At The Last Minute Is Much Worse Than Letting The Police Find Them
It is entirely possible that the police will search your car even if you do not consent to the search. It is also possible that they know that they are violating your rights, but they think that they can get away with it, because they assume that you will be among the 94 percent… Read More »