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Author Archives: Jay Butchko

DUI9

Can You Refuse a Breathalyzer Test Under Florida’s “Implied Consent” Law?

By Asilia Law Firm |

When a Florida law enforcement officer arrests someone on suspicion of drunk driving (DUI), they will usually request the suspect submit to a chemical test of their breath–i.e., a Breathalyzer–to determine their blood-alcohol content (BAC). Under Florida law, a driver with a BAC of 0.08 or higher is considered “per se” under the influence… Read More »

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KnowYourRights

Understanding Your Miranda Rights in Florida

By Asilia Law Firm |

Most people are familiar with the Miranda warning. If you have ever been arrested by the police–of for that matter watched a crime drama on television–you have heard the admonition that a suspect has the right to remain silent and the right to an attorney. So what do these rights remain in practice? Can… Read More »

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Question

How Does Assault Differ from Battery in Florida?

By Asilia Law Firm |

You often hear the terms “assault” and “battery” used interchangeably when describing certain criminal acts. These are, however, two distinct types of crime under Florida law. Basically, an assault is when you intentionally and unlawfully threaten violence against another person. Assault also requires proof that the defendant (1) had the apparent ability to carry… Read More »

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How Florida’s “Rape Shield” Law Can Affect Your Right to Defend Yourself

By Asilia Law Firm |

Sex crimes cases are, by their very nature, an emotionally charged affair for everyone involved. And in the state’s zeal to try accused rapists or sexual batterers, there is often a tendency to take shortcuts with a defendant’s constitutional rights. This includes the right to confront their accusers through cross-examination in court. You may… Read More »

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CriminalLaw

What Happens If You Tamper with Physical Evidence in a Florida Criminal Case?

By Asilia Law Firm |

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 »

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Appeal2

Will a Florida Court Vacate a Conviction If the Accuser Recants?

By Asilia Law Firm |

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 »

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Jury

Can You Waive Your Right to a Jury Trial in a Florida Criminal Case?

By Asilia Law Firm |

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 »

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Guns

Can the Police Search Your Property If You “Abandon” It?

By Asilia Law Firm |

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 »

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Jail4

Could I Go to Jail If I Cannot Pay My Taxes?

By Asilia Law Firm |

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 »

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Arrested7

Do the Police Have to Read My Rights Again If I “Re-Initiate” Contact?

By Asilia Law Firm |

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 »

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