Author Archives: Jay Butchko
What Is The Difference Between A Question Of Law And A Question Of Fact?
In criminal trials, the role of the judge is different from the role of the jury. The case has not proceeded according to the dictates of the law or of justice if the judge or jurors overstep their roles. Jurors are supposed to be completely unbiased for or against the defendant. They must simply… Read More »
Deerfield Beach Man Pleads Guilty To Purchasing Large Shipment Of Synthetic Opioids From China
Two entire generations have grown up hearing that you should stay away from drug mixtures purchased on the street, because what looks like Studio 54 grade cocaine could be a mixture of rat poison and broken glass. It also seems like a lifetime ago that the talking heads on TV were saying that fentanyl… Read More »
Are Roommates Guilty By Association?
The nice thing about having enough money to rent your own apartment is not having to deal with shady roommates. It is hard to live with your own family, much less people you didn’t know very well before moving in together. It is bad enough when your roommates leave dirty dishes in the sink,… Read More »
Jury Instructions In Florida Criminal Cases
Movies and true crime documentaries tend only to show the most interesting parts of criminal proceedings. Witnesses delivering chilling accounts of the crimes they witnessed make for good television, and so do compelling closing arguments that leave just enough room for reasonable doubt. By contrast, audiences are generally uninterested in watching lawyers bicker about… Read More »
Beware Of The New Synthetic Cathinone In South Florida’s Drug Supply
Most Floridians have never heard of khat, a plant whose stimulant properties can be tapped by chewing the leaves; chewing khat has been a popular recreational activity in Yemen and parts of East Africa for centuries. The drug has never caught on in the United States, since cathinone, the active ingredient in khat, is… Read More »
Turning Yourself In After An Arrest Warrant Does Not Mean Surrendering To Your Fate
In action movies, when a court issues a warrant for the arrest of a defendant, the action usually picks up. The defendant knows that he is only one traffic stop or only one chance encounter with a police officer in a mall away from getting hauled off to jail. Therefore, the defendant tries everything… Read More »
Drug Sales To Undercover Cops Do Not Always Lead To An Immediate Arrest
In the movies, you often see undercover police officers buy drugs from a career drug dealer, or even from an everyman whose financial circumstances have gotten so bad that he is willing to sell his prescription ADHD pills, and as soon as the money and the drugs have changed hands, the police flash their… Read More »
Nolle Prosequi And Other Anticlimactic Endings To Your Criminal Case
How would you feel if you were facing criminal charges, preparing for trial or trying to decide whether to accept a plea deal, and suddenly your criminal defense lawyer called you to tell you that your case was over? Until you enter a guilty plea or until the jury returns a verdict at your… Read More »
You Have The Right To Transparency About The Prosecution’s Case Against You
A criminal trial should be more like a game of chess or checkers and less like a game of Mastermind, Stratego, or Battleship. In other words, you should be able to see all of your opponent’s pieces at all times. Both sides must choose their strategy based on evidence that is available to both… Read More »
Is It Legal To Own A Pill Press?
The identifying characteristic of drug paraphernalia is that it is an ordinary item that, by itself, is perfectly legal to own, but circumstances surrounding the police’s discovery of the item in your possession lead them to suspect that you are using it for the consumption, manufacture, or distribution of illegal drugs. A pipe is… Read More »
