Author Archives: Jay Butchko
What Is a “Depraved Mind” Under Florida’s Homicide Statute?
There are several different types of murder and homicide charges that a person can be charged with in Florida. For example, a person commits murder in the second degree when they commit the “unlawful killing of a human being, when perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless… Read More »
Can I Be Forced to Testify in a Probation Violation Hearing?
If you are sentenced to a term of probation following a criminal conviction, you must strictly comply with all of the terms of release laid down by the court. Any probation violation, no matter how seemingly insignificant to you, can land you right back in court. The judge will then hold a hearing to… Read More »
Can Border Agents Search Your Phone Without a Warrant?
The Fourth Amendment to the Constitution normally requires the police to obtain a search warrant before conducting a search of your person or property without your consent. As with many constitutional protections, however, there are a number of judicially recognized exceptions. One of them is for searches that occur at the borders of the… Read More »
Is Pointing a Gun at Someone a “Physical Restraint”?
The possession or use of a firearm during the commission of a crime, such as robbery, is often a factor in how a defendant is sentenced if convicted. For example, federal judges often consult a complex set of Sentencing Guidelines when determining the range of a defendant’s sentence. These guidelines use a base offense… Read More »
How the Insanity Defense Works in Miami Homicide Cases
Television and film portrayals of the criminal justice system often like to use the insanity defense as a dramatic storytelling device. In the real world, however, insanity defenses are rarely used and often carry significant consequences even when a defendant is found not guilty of the underlying crime. Indeed, a successful insanity defense often… Read More »
Parking in a Handicapped Spot Can Lead to a Drug Arrest in Miami
A traffic stop is considered a “seizure” for purposes of the Fourth Amendment to the United States Constitution. This means that the police must have “probable cause” to believe the driver has committed some traffic violation before initiating the stop. Absent such probable cause, any incriminating evidence obtained from the driver or their vehicle… Read More »
Can the Police Detain You in Order to Conduct a “Dog Sniff” of Your Car?
Police officers frequently use K-9 units to perform “dog sniffs” of a suspect’s car for the possible presence of illegal drugs. But as the United States Supreme Court has explained, absent “reasonable suspicion” of criminal activity, a police officer may not extend an otherwise routine traffic stop in order to conduct a drug sniff…. Read More »
Do the Police Have to See You Commit a Misdemeanor Before Arresting You?
The Fourth Amendment to the United States Constitution generally forbids law enforcement from arresting individuals without a warrant unless there is “probable cause” to support such an arrest. Florida law further states that a police officer can only make a warrantless arrest for a misdemeanor offense when it is committed “in the presence of… Read More »
Florida Appeals Court Holds Pretrial Release Restriction Unconstitutional
If you are arrested for a crime in Florida, state law entitles you to a first appearance hearing before a judicial officer within 24 hours. At a first appearance, the court must advise the defendant of their constitutional rights. The court will also set the defendant’s initial bail. In most non-capital cases, everyone charged… Read More »
Arguing Self-Defense in a Florida Murder Trial
Generally speaking, when you are on trial for a criminal offense in Florida, you have the right to present any theory to the jury so long as there is some evidence to support it. For example, if you claim you acted in self-defense in shooting someone, you can ask the judge to instruct the… Read More »
