Author Archives: Jay Butchko
Could I Go to Jail If I Cannot Pay My Taxes?
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 »
Do the Police Have to Read My Rights Again If I “Re-Initiate” Contact?
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 »
Can You Refuse a Field Sobriety Test in Miami?
When a police officer suspects someone of drunk driving, the officer will often ask the suspect to take one or more “field sobriety tests.” For example, the officer will instruct the suspect to close their eyes, tilt their head back, and attempt to touch their nose with one finger. If the suspect has difficulty… Read More »
What Are the Differences Between Felonies and Misdemeanors in Miami?
When you are arrested on suspicion of committing a crime in Florida, you may be charged with a felony and/or a misdemeanor depending on the circumstances. Although misdemeanors are generally considered less serious than felonies, they still carry significant consequences for a conviction. In addition, there are different types or “degrees” of felonies and… Read More »
Former Jacksonville Jaguars Executive Sentenced for Wire Fraud
Mail and wire fraud are two of the most common federal white collar criminal charges a person can face in South Florida. These crimes involve the use of a physical or electronic communications system to defraud another person. In many cases, mail fraud or wire fraud serves as an “add-on” charge with other white… Read More »
Your Right to a “Probable Cause” Hearing Under Florida Law
If you have been arrested on suspicion of a felony in Florida, you typically have the right to a first appearance before a judge within 48 hours. At this first appearance, the judge will determine if there is probable cause to believe that a crime has been committed and that you committed said crime…. Read More »
Does the Smell of Marijuana Justify a Search of Your Car in Florida?
During a traffic stop, Florida law enforcement officers are always on the lookout for anything that might suggest the driver is guilty of something other than running a red light. Of course, the police cannot simply search your vehicle without consent or place you under arrest without probable cause. Probable cause, in turn, requires… Read More »
Are Robbery, Burglary, and Theft Different Crimes in Florida?
Legal terminology is often confusing for people who do not work inside the criminal justice system everyday. For example, if you read that someone has been charged with “burglary,” you might ask, “Is that same thing as theft?” For that matter, is “robbery” the same thing as burglary or theft? Theft In reality, these… Read More »
What Are the Penalties for a DUI First Offense in Florida?
A drunk driving arrest is often the first time many Miami-Dade residents find themselves dealing directly with Florida’s criminal justice system. The experience is understandably overwhelming and scary. If you are in this position, you will no doubt have many questions about the penalties you face if convicted of DUI. Will I go to… Read More »
Can a Store Employee Get You Arrested for Shoplifting in Florida?
In the past few years, large retail chains like Wal-Mart and Target have been particularly aggressive in pursuing suspected shoplifters. You might think shoplifting is not a major crime. In most cases such “retail theft” is a misdemeanor punishable by no more than 60 days and a $500 fine. But depending on the value… Read More »