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Author Archives: Jay Butchko

DrunkSleep

Is It DUI If You Sleep In A Parked Car When You Are Drunk?

By William Wallshein P.A. |

There is no law against sleeping in your own car in a parking lot, and in this age, when everyone is overworked and sleep-deprived, and given how cars are virtually the only transportation option in Florida, most of us have done it on at least one occasion.  In some cases, though, the fact that… Read More »

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K9

Ketamine Chic And Other Bogus Reasons To Send In The Drug-Sniffing Dogs

By William Wallshein P.A. |

Imagine if, during a trial in a drug possession case, a police officer who had arrested the defendant during the incident that led to the charges told the jury that he or she conducted the traffic stop because of a broken taillight or expired tags but then decided to search the vehicle for drugs… Read More »

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DUI_OpenContainer

Florida Open Container Laws

By William Wallshein P.A. |

Did you know that you could get a citation in Florida for opening a beer can in your car, even if you have not taken the first sip?  Did you know that it is illegal for Uber and Lyft passengers to drink while the ride is in progress?  Florida’s laws against possession of an… Read More »

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Jewels

Possession Of Stolen Property In Florida

By William Wallshein P.A. |

Can you get criminal charges for theft even if you didn’t steal anything?  Not exactly.  If items in your possession got to you after being stolen, you can face charges for possession of stolen property.  On the surface of the matter, possessing stolen property sounds like it would be a less serious offense than… Read More »

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What

The Field Test Said That The Drug Mixture In Your Car Contained What?

By William Wallshein P.A. |

The field tests that police use at traffic stops are notoriously subjective and unreliable.  A 20-year-old gymnast can successfully walk an imaginary tight rope whether she is sober or drunk, but a 60-year-old who takes blood pressure medication would have trouble with that task, even if she hasn’t consumed a drop of alcohol in… Read More »

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Groceries

Is It Theft If You Forget To Pay For An Item At Self-Checkout?

By William Wallshein P.A. |

Self-checkout lines at supermarkets and other retail stores were a sign of next generation efficiency just a few years ago, but during the pandemic, they became ubiquitous.  In order to protect their customers and employees and to continue operating and avoid restrictions on commerce, stores encouraged customers to pay for items in ways that… Read More »

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BoyShaving

When Does Florida Charge Minors As Adults?

By William Wallshein P.A. |

Teens have heard the warnings that, if they get in trouble with the law, the arrest only stays on their record until age 18, at which point they get a fresh start and that, except in the case of the most serious crimes, such as murder, the worst-case scenario is that you will have… Read More »

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DrugCourt

Are You Eligible For Drug Court In Palm Beach County?

By William Wallshein P.A. |

Evidence that addiction is not something you can punish out of existence is everywhere in South Florida.  In 2019, Colton Wooten, who moved to Florida several years earlier to enter an addiction facility, described his experiences with the Florida Shuffle, where people just out of inpatient rehab soon find their way to relapses and… Read More »

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Burglary2

Theft Crimes And Defenses To Theft Charges In Florida

By William Wallshein P.A. |

Florida Statutes 812.005 defines the crime of theft as taking another person’s money or personal property without the person’s consent.  The term larceny is sometimes used as a synonym for theft.  Theft is different from burglary, which involves not only taking personal property from the victim’s residence or place of business but also entering… Read More »

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DrugFentanyl

HB 95 Introduces New Rules About Fentanyl

By William Wallshein P.A. |

Fentanyl, a synthetic opioid approximately 100 times as strong as morphine and 50 times as strong as heroin, causes more drug overdose deaths than any other controlled substance.  It was originally intended for pain management in cancer patients and in emergency situations where injured patients are being transported to hospitals for treatment.  Most of… Read More »

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