Author Archives: Jay Butchko
How Does Restitution Work in a Florida Criminal Case?
In a Florida criminal case involving injury to a person or property damage, the state may seek restitution as part of a defendant’s sentence upon conviction. Restitution is simply an amount of money the defendant must pay the victim to “make them whole” for their losses. It is similar to damages awarded in a… Read More »
Can the Police Search Property You Don’t Claim to Own?
In most cases, the police need a warrant before they can search your property without your consent. More precisely, the Fourth Amendment to the United States Constitution protects you from an unreasonable search in any place where you have a “reasonable expectation of privacy.” This includes any devices where you may store private information,… Read More »
When Can a “Welfare Check” Lead to a Criminal Arrest in Florida?
When a police officer sees you commit an apparent traffic violation, it is lawful for that officer to pull you over and initiate a traffic stop. The officer may then try to extend that stop if they observe evidence of some other possible crime, such as DUI or drug possession. Of course, the officer… Read More »
How Many Juror “Challenges” Can I Make in a Fort Lauderdale Criminal Case?
The right to trial by jury is one of the most important constitutional protections given to persons accused of committing a crime. In Florida, you have the right to trial by jury in all criminal cases. In capital cases–i.e., offenses that carry the possibility of the death penalty–a jury must be composed of 12… Read More »
Can Florida Prosecutors Add Criminal Charges at the Last Minute?
When a person is accused of domestic violence, there is often a temptation to contact the accuser in an attempt to “work things out.” However, once the law is involved and there has been an arrest or indictment, engaging in such contact can only lead to more legal problems. Indeed, Florida prosecutors can charge… Read More »
What Is a “Wheel Witness” in Fort Lauderdale?
If you have been charged with a traffic offense in Fort Lauderdale, you might encounter many new, confusing phrases. One of these phrases is “wheel witness.” What exactly is a wheel witness? Why are they important, and what role could they have in your case? While internet research is certainly a positive first step,… Read More »
Man Gets Years in Prison for Promoting Fake Concerts in Fort Lauderdale
It is easier to commit white-collar crime than many people realize. Wire fraud, mail fraud, identity theft, and similar crimes may lead to felony charges and lengthy prison sentences – and this is something a South Florida man recently discovered after promoting what prosecutors call “bogus concerts.” What happens if you promote a fake… Read More »
Penalties for Identity Theft in Fort Lauderdale
Identity theft is an example of “white collar crime” in Fort Lauderdale, and the penalties can be quite significant. While many assume that stealing a person’s identity is only possible with complex computer software, there are many ways to commit this offense. What happens if you have been accused of identity theft in Florida?… Read More »
Can I Face Criminal Charges for Leaving My Kids in the Car in Fort Lauderdale?
The simple act of leaving your kids in the car can lead to serious criminal charges in Fort Lauderdale. This is something that parents in Florida should be aware of, especially during the warm, summer months. A couple in South Florida recently discovered these consequences, and they were arrested as a result. What if… Read More »
Understanding the “Right to Remain Silent” in Fort Lauderdale
Whenever Fort Lauderdale police question you in connection with a criminal investigation, you have the right to remain silent. The police must advise you of this right before conducting a custodial interrogation. But you always have the right to refuse to answer questions even in non-custodial settings. Florida Man Receives 15-Year Sentence After Volunteering… Read More »