Author Archives: Jay Butchko
Partner Jason Blank Comments on the Broward Sheriff’s Office Actions in Rapper YNW Melly’s Retrial
Partner Jason Blank comments on the Broward Sheriff’s Office Actions in a recent Sun Sentinel article entitled Can Defense Lawyers Go Too Far? Prosecutors Face Dilemma When Targeting Courtroom Opponents. Threatening to charge opposing counsel with a crime could be seen as an intimidation tactic that could backfire and create issues the defense can… Read More »
Can a Witness Testify Against You Via Zoom in a Florida Criminal Trial?
One of the most important rights that a defendant has in a Florida criminal prosecution is to “confront” the witnesses and other evidence against them. The Sixth Amendment to the United States Constitution explicitly protects this right of confrontation. As one Florida appellate judge recently observed, the Sixth Amendment was a direct response to… Read More »
Can the State Appeal a Sentence in a Domestic Violence Case?
Florida prosecutors go to significant lengths to prosecute individuals accused of domestic violence and related crimes. And while the state cannot appeal a jury verdict of “not guilty” acquitting a defendant of such charges, in some cases it can appeal a trial judge’s decision to impose a sentence that falls below the minimum required… Read More »
Miami Man Sentenced to 22 Years for Fentanyl Trafficking
Drug trafficking has long been a top priority for federal and state law enforcement here in Florida. In recent years, much of this enforcement effort has focused on fentanyl, a synthetic opioid that is up to 50 times stronger than heroin. According to the federal Drug Enforcement Administration, even a single fentanyl pill can… Read More »
Fort Lauderdale Man Pleads Guilty to COVID Fraud Charges
In the past few years, COVID fraud has rapidly emerged as a growing category of white collar crime here in southern Florida. During the early stages of the COVID-19 pandemic, Congress adopted several measures designed to provide financial assistance to businesses and individuals. Unfortunately, this led to a number of people taking advantage of… Read More »
Can You Be Charged With Murder in Florida If There’s No Body?
In early November, a federal grand jury indicted a Florida businessman on charges that he murdered his wife. What makes this case notable is that prosecutors do not have a key piece of evidence common to homicide cases–a body. According to the Associated Press, the alleged victim, a Spanish national, was last seen in… Read More »
Can You Receive “Multiple Punishments” for the Same Crime in Florida?
You have likely heard the term “double jeopardy” used in connection with criminal law, although you may be unsure what it really means. The Fifth Amendment to the United States Constitution–as well as Article 1 of the Florida Constitution–state that a person cannot be placed in legal jeopardy twice for the same criminal offense…. Read More »
Do You Need to Fire a Weapon to Be Charged with a Crime in Fort Lauderdale?
Since July 2023, Florida law permits most people to openly carry a firearm without first obtaining a permit. Of course, there is a laundry list of exceptions to this rule. There are many places, including most government buildings, where you cannot carry an open or concealed weapon. And certain classes of people, such as… Read More »
When Can You Remove a Juror “for Cause” in Florida?
Every person charged with a crime in Florida has the right to a trial by jury. The purpose of a jury trial is to ensure that a panel of impartial citizens decides a defendant’s guilt or innocence. To help ensure impartiality, the judge and attorneys for the prosecution and defense will question prospective jurors… Read More »
What Happens If a Teenager Is Charged With DUI in Fort Lauderdale?
In Florida, a teenager can obtain a learner’s permit to drive as young as age 15, and their driver’s license as young as age 16. The minimum legal age to drink, however, is 21. So what happens when a teenager who has their driver’s license gets arrested on suspicion of drunk driving? Zero Tolerance… Read More »