Author Archives: Jay Butchko
Pink Cocaine Isn’t Cocaine, And It Isn’t Always Pink
There’s a new drug making an appearance in South Florida’s nightclubs, except that it is not all that new; the drug was first synthesized in 1974, which means that it is possible for you to be a full 20 years younger than the drug and still be too old to go to nightclubs. Meanwhile,… Read More »
Does Simple Refusal To Snitch Count As Obstruction Of Justice?
The term “obstruction of justice” refers to a wide variety of actions, as well as some instances of lack of action. You can be charged with obstruction of justice if you attempt to interfere with any aspect of the criminal process, from the initial arrest all the way to the trial. Furthermore, not only… Read More »
If You Got Acquitted At Trial, Thank The Sixth Amendment
Remember that scene in various film adaptations of Alice’s Adventures in Wonderland and Through the Looking Glass where, one minute, Alice is casually exploring the strange world in which she finds herself, and the next minute she is on trial? Before she can even find out what crime she is being accused of, the… Read More »
Domestic Violence Allegations: Hard To Prove Beyond A Reasonable Doubt, But Harder To Live Down
The standard of evidence required to convict a defendant of any felony charge is “beyond a reasonable doubt,” but the most reliable ways for prosecutors to do this vary from one case to another. In financial crime cases, records of bank transactions and online money transfers don’t lie. In drug trafficking cases, the prosecution… Read More »
When Does A Parenting Mistake Become A Crime?
How many parents have left their children home alone while the parents worked, because they had no other feasible options? Probably more than admit to doing so. Failure to provide adequate supervision for children or placing them in unsafe situations can get parents into legal trouble, though. It can lead the court to place… Read More »
Jury Acquits Doctor Accused Of Inappropriately Touching Patient
When you are on trial in criminal court after pleading not guilty to committing a crime, you do not have to prove to the jury that you are a perfect angel. You must only prove that the prosecution’s evidence leaves reasonable doubt about whether you committed the crime of which you are accused. Although… Read More »
Are You Guilty Of Theft If Someone Else Forced You To Steal?
Motives matter in many criminal cases. In some cases, you can be convicted of a crime if you accidentally injure someone, but the penalties are much less severe than they would be if you had intentionally injured the person. In the case of financial crimes, what you were thinking at the time of the… Read More »
Drug Possession Charges Are Much Worse When A Child Is Present
Drug possession with intent to sell is a much more serious charge than simple possession. When defendants get charged with possession with intent to sell, defense lawyers are sometimes able to arrange plea deals that reduce the charges to simple possession if the quantity of drugs found in the defendant’s residence or car was… Read More »
Will The Court Give You A Lighter Sentence Because Of Your Family Caregiving Obligations?
Artistic representations sometimes personify justice as a blindfolded woman, but when it comes to imposing sentences in criminal court, judges see the person, not just the crime. Some offenses have mandatory minimum sentences, but except for those requirements, judges have some leeway in determining the sentences of defendants who plead guilty or are convicted… Read More »
Understanding Your Right To A Speedy Trial
When you first get arrested, the most important of your Constitutional rights as a defendant is your right to remain silent and to avoid self-incrimination. Once you have met privately with a lawyer and discussed the strategy for your case, though, you start to appreciate the importance of the right to a speedy trial,… Read More »
