Author Archives: Jay Butchko
When Is Expert Testimony Inadmissible In A Criminal Trial?
Expert witnesses provide context and analysis for jurors who are presumed to lack specialized knowledge in certain areas. Both the prosecution and the defendant may call expert witnesses in support of their case. But the judge has the final say on whether such witnesses are actually permitted to testify. Under a rule known as… Read More »
How Statutory Rape Laws Work In Florida
Let’s consider the following hypothetical situation. David is a 25-year-old graduate student. He goes to a local bar one night to enjoy a few drinks with his friends. While at the bar looking to get another beer, he meets a young woman named Irene. She’s sitting by herself and sipping a drink. David decides… Read More »
What Is The Difference Between A Bench And Jury Trial In A Florida Criminal Case?
You likely already know that when you are charged with a serious crime in Florida, you have the right to a trial by jury. But can you waive that right? What happens if you want the judge to decide your case without a jury? And is there any reason you should want to do… Read More »
What Is The Difference Between Felony And Misdemeanor Trespassing In Florida?
We have all seen “NO TRESPASSING” signs. So what happens if you ignore the sign and trespass? Have you actually committed a crime? Under Florida law, the answer is yes. Section 810.09 of the Florida Statutes defines “trespass on property other than a structure or conveyance” as a first-degree misdemeanor. The statute also contains… Read More »
When Can A Judge Modify A Parent’s Child Visitation Schedule?
When minor children are involved in a divorce, the role of the court is to determine “all matters relating to parenting and time-sharing.” In other words, the judge must decide issues related to custody, visitation, and so forth based on what is in the “best interests of the child” and not necessarily what is… Read More »
Why You Need To Carefully Understand The Conditions Of Criminal Probation
Criminal sentences often contain a number of terms and conditions that the defendant must strictly follow while on parole or “supervised release.” If there are any questions or concerns about these conditions, they need to be addressed upfront. In too many cases, a defendant only learns after-the-fact that prosecutors and probation officers have fairly… Read More »
How Selling Drugs Near A School Or Licensed Childcare Facility Can Affect A Criminal Prosecution
So-called “drug free zone” laws impose additional penalties on persons convicted of possessing or distributing controlled substances within a certain designated area. Typically, drug free zones are designed around schools, daycare facilities, or other buildings were children are normally present. This means that if the police arrest you with drugs near one of these… Read More »
Does The Prosecution Have To Disclose Their Witness List To The Defense Before Trial?
In a Florida criminal trial, the prosecution is not allowed to ambush the defense with “surprise” witnesses. To the contrary, the state’s criminal procedure rules require prosecutors to disclose the names of any witnesses they plan to call at trial. This includes identifying any “expert” witnesses who may be used to explain certain technical… Read More »
Does A Jury Have To Make All Of The Factual Findings In A Criminal Case?
The right to a jury trial in criminal cases includes the right to have that jury determine all factual issues related to the elements of the crime. In a 2013 decision, Alleyne v. United States, the U.S. Supreme Court made it clear that this includes “any fact that increases the mandatory minimum” sentence for… Read More »
Can A Florida Judge Alter An Award Of “Permanent” Alimony After A Divorce?
Florida law provides for several different types of alimony. Permanent alimony is appropriate when one spouse “lacks the financial ability to meet his or her needs and necessities of life” following a divorce. Alternatively, a court may award durational alimony if permanent alimony is “inappropriate” but ongoing financial support is still necessary for a… Read More »
