Author Archives: Jay Butchko
Miami Woman Charged with Domestic Violence for Allegedly Injuring Brother – What is the Definition of “Family or Household Member” Under Florida Domestic Violence Laws?
A Miami woman was arrested this week after she is believed by police to have allegedly injured her brother. According to local news reports, Local 10 News, 25-year-old Yaddisha Rancher was arrested on Thursday, November 21 in Miami-Dade County. Police believe that Ms. Rancher had injured her brother, a man who suffers from the… Read More »
Curious about the State of Marijuana Drug Laws in Miami after the 2024 Election? Here’s What You Need to Know
As many Miami residents may know, marijuana was in the spotlight throughout the duration of the 2024 election. Indeed, whether you are a fan of legalizing the popular drug, or whether you are on the fence about allowing adults to legally purchase and use marijuana, the truth of the matter is that whether or… Read More »
What Is “Felony Murder” in Florida?
Murder is usually defined as the unlawful, premeditated killing of another human being. For example, if you fire a gun at someone with the intent of killing them, and they die as a result of that shooting, you commit murder. The victim’s death was the objective of the crime. Defending Against Felony Murder Charges… Read More »
Florida Judge Tosses Drug Evidence Due to Faulty Wiretap Authorization
Prosecutors and police officers make mistakes just like anyone. When those mistakes occur in the course of a criminal investigation, however, it can have serious implications for a defendant’s constitutional right to a fair trial. That is why judges must take any procedural violations seriously, especially when it comes to search warrants that produce… Read More »
Fire Innocently Caused by Making Homemade Tortillas or Arson? Miami-Dade Police Investigate Potential Arson Fire Started by Couple Claiming Kitchen Fire
Charges have been filed against a couple who is under investigation by the Miami-Dade police for their alleged role in an arson fire that they say was innocently started by a mistake in the kitchen. According to local news reports, Florida City, Florida couple Erick Turrubiates and Auren Martinez Castillo are facing criminal charges… Read More »
The Miranda Warning: What is It and Updates to the Miranda Warning in Miami
It is likely that many – if not most – Miami residents have heard of the term “Miranda Warning” or “Miranda Rights.” Indeed, most people who have watched a legal drama, a criminal case unfold, or a made-for-television courtroom show have probably seen an actor portraying a police officer on the big screen read… Read More »
Can the Police Threaten to Take Your Truck If You Don’t Confess?
In television police dramas, there are often scenes where a detective (or an assistant district attorney) offers “leniency” in exchange for an immediate confession–or alternatively, a more harsh punishment if they do not confess. In reality, such tactics are generally considered coercion. This means that even if the suspect does confess in response to… Read More »
Can the Police Use a Search Warrant to Look for Evidence of an Unrelated Crime?
It is well understood that the police need to obtain a warrant before searching any area where a suspect has a reasonable expectation of privacy. This includes digital spaces such as a person’s private cell phone data. An officer needs a warrant before looking through your text messages. And that warrant must specify the… Read More »
Can the Police Arrest You Based on an Inaccurate Witness Description?
Police officers often rely on citizen reports of criminal or “suspicious” activity. In many cases, the police use the reports to issue a BOLO, or a “be on the lookout” bulletin. A BOLO need not identify a specific individual or suspect. Instead, a BOLO may simply offer a description of a suspicious person based… Read More »
Does “Stand Your Ground” Apply to Killing a Dog in Self-Defense?
Florida’s Stand Your Ground (SYG) law allows a criminal defendant to file a motion to dismiss the charges against them if they can show they acted in self-defense. More precisely, the SYG law provides that a person is immune from criminal prosecution if they used non-deadly force to defend himself or another “against the… Read More »
