Author Archives: Jay Butchko
New Study: Jury Trials are Increasingly Rare in Criminal Cases
According to reporting from the Center on Crime and Justice at John Jay College, new research has demonstrated that jury trials are becoming far less common in criminal cases. In a recent study, the National Association of Criminal Defense Lawyers (NACDL) found that only three percent of criminal cases go before a jury. This… Read More »
Fourth Amendment Watch: Supreme Court Cracks Down on Warrantless Digital Snooping
On June 22nd, 2018, the Supreme Court of the United States issued a long-awaited opinion in the case of Carpenter v. United States. In a landmark 5 to 4 ruling, the nation’s highest court ruled that the government’s acquisition of cell tower records amounts to a search for the purposes of the Fourth Amendment,… Read More »
Miami DUI Refusal: What You Need to Know About the Law
Drivers who are stopped for suspected drunk driving in South Florida can expect to be asked to submit to a breath test or blood test. If you fail to submit to DUI test, you will almost certainly be arrested. Florida has an implied consent law on the books. If you are asked to submit… Read More »
College Students: Could an Arrest Cost You Your Financial Aid?
If you or your college student has been arrested, it is crucial that you seek professional guidance. Under current state and federal regulations, a person’s eligibility for certain types of financial aid could be affected by a criminal conviction. Financial aid eligibility is an important consideration for college students who are facing criminal charges… Read More »
Federal Prosecutors Accuse South Florida Police Officers of Framing 16-Year-Old
On June 13th, 2018, National Public Radio (NPR) published a shocking story that came out of the South Florida town of Biscayne Park. With just over 3,000 people, it is not often that the this small Miami-Dade County community makes national headlines. Unfortunately, the headlines in this case are not good. According to federal… Read More »
Florida Probation Violations: Explained
Under Florida law, a defendant can be charged with a violation of their probation (VOP) if they are deemed to have willfully violated the conditions of their sentence. Probation violation cases are notoriously complex: these cases differ substantially from other criminal law proceedings. There is a lower standard of proof, and some of the… Read More »
Fourteen South Florida Residents Charged in Massive Computer Fraud Case
On May 31st, 2018, the Miami Herald reported on a recent federal court indictment. Fourteen South Florida residents are among the seventeen people that have been charged in a $25 million computer fraud scheme. Mostly residents of Palm Beach County and Broward County, the co-conspirators have been charged with a variety of wire fraud… Read More »
Study: Many Jurors Fail to Grant Defendants a Presumption of Innocence
Under American criminal law, defendants are innocent until they are proven guilty. You have probably heard this phrase many times before; most people are familiar with the general concept. In a criminal court, the prosecution has the legal burden of presenting evidence to prove the defendant’s guilt beyond a reasonable doubt. This is one… Read More »
Florida Criminal Law Watch: Orlando Area Prosecutors Will Not Seek Monetary Bail for Certain Crimes
On March 16th, 2018, the Miami Herald reported on an important story originating out of Central Florida. Prosecutors in Orange County and Osceola County will no longer seek cash bail for certain minor crimes. This is an incredibly important step that will help make our justice system more fair to criminal defendants of all… Read More »
