Author Archives: Jay Butchko
Making Threats Is Extortion, Except When It’s Your Job
In certain professions, it is your job to lie. You would not make it very far as a hairstylist, politician, call girl, or professional gambler if your words and your facial expressions always revealed the truth. Of course, the First Amendment right to freedom of speech protects your right to say things that you… Read More »
Depositions In Florida Criminal Cases
A trial is only the final step in a criminal case, and most cases resolve before the case gets to trial, either because the state decides to drop the charges or because the defendant decides to accept a plea deal. Before the trial is an information-finding process called discovery. The prosecution and defense must… Read More »
Florida Wiretapping Laws
“This call may be recorded for quality or training purposes.” When you hear these words, you dread what comes next, namely a customer service representative giving you the runaround, so that, if you lose your temper, the call center can play the recording of the call for new employees in training to show them… Read More »
How The Sixth Amendment Protects Defendants In Criminal Cases
If you have had any interactions with the criminal justice system, you are probably painfully aware of the ways in which it does not live up to its ideals of justice. A conviction for a nonviolent crime and a sentence that does not involve prison time can still be a lifelong financial burden. Many… Read More »
Coral Springs Woman Faces Criminal Charges For Driving Drunk With Seven Children In The Car
Driving under the influence (DUI) is a criminal offense, and if you get accused of driving drunk, you should definitely hire a criminal defense lawyer. Refusing to provide a breath sample can make the situation worse, although the police cannot force you to provide a breath sample if you refuse. As for the severity… Read More »
South Florida Singer Arrested After Miami Beach Collision In Which She Struck A Moped With Her Car
The wild parties of South Florida’s beaches have a reputation that precedes them, especially on summer holiday weekends. The drinks flow freely, and the vehicles go fast, sometimes at the same time. Celebratory events are peak season for drunk driving arrests. Whether getting arrested for drunk driving changes your life forever or whether it… Read More »
Newly Enacted Florida Law Categorizes Eight Synthetic Opioids As Schedule I Controlled Substances
The classification of drugs on the five schedules listed in the Controlled Substances Act has less to do with their chemical composition or its potency than with its accepted medical uses and its abuse potential. Schedule I controlled substances are widely abused but have no legally accepted uses in medicine. Schedule II controlled substances… Read More »
Can You Get Criminal Charges For Breach Of Fiduciary Duty?
If you have a fiduciary duty to someone, you probably know it, even if you have never heard the word “fiduciary.” Fiduciary duty is a legal responsibility not to mishandle someone else’s money, and the duty applies when you have access to someone else’s money in a formal capacity. If your job requires you… Read More »
Indian River County Woman Pleads Guilty To Wire Fraud For Her Role In Romance Scam
The world changes more quickly than the names of laws do. For example, you can be charged with wire fraud if there is evidence that you knowingly made false statements for your own financial gain, and the medium of communication through which you made those statements could, in theory, be attached to a wire. … Read More »
Will My Case Go To State Or Federal Court?
Most of the laws that affect your daily life are state laws, rather than federal ones. Case in point, federal law categorizes cannabis as a Schedule I controlled substance, meaning that it is never legal, not even for medical use. Despite this, the majority of states have cannabis dispensaries of some sort, and as… Read More »
