Author Archives: Jay Butchko
When Can You Challenge a Juror’s Selection in a Florida Criminal Trial?
The right to a trial by jury is one of the most important protections that an accused person has in Florida’s judicial system. Before any jury trial begins, both the state and the defense have the right to question prospective members of the jury panel. This process is known as voir dire, and its… Read More »
What Are the Benefits of a “No Contest” Plea in Florida?
While every person charged with a crime has a right to their day in court, the reality is that the overwhelming majority of Florida criminal cases are resolved through a plea bargain. In many plea deals, the defendant agrees to plead guilty to a specified charge in exchange for certain consideration, such as a… Read More »
Can You Refuse a Breathalyzer Test Under Florida’s “Implied Consent” Law?
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 »
Understanding Your Miranda Rights in Florida
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 »
How Does Assault Differ from Battery in Florida?
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 »
How Florida’s “Rape Shield” Law Can Affect Your Right to Defend Yourself
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 »
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 »
