Author Archives: Jay Butchko
Does A Judge Have To Provide “Specific Steps” For You To Regain Time With Your Child?
Florida courts resolve child custody disputes by approving a document known as a “parenting plan,” which among other things spells out a “time-sharing schedule” for each parent to follow with respect to their child. Although parents are free to negotiate their own parenting plan, the final decision rests with the court, which is legally… Read More »
When Does A Mistrial Lead To A “Double Jeopardy” Situation?
The phrase double jeopardy refers to the constitutional prohibition on trying a person twice for the same crime. Basically, if you are found not guilty by a jury, the state cannot re-try you on the same charge hoping to get a different verdict. However, if a trial ends without a jury verdict–i.e., there is… Read More »
Can The State Subpoena My Medical Records Following A Car Accident?
Federal law guarantees the privacy of a person’s healthcare records. But even medical privacy may be forced to yield to the demands of law enforcement. For example, if the police have grounds to suspect you have committed a crime, they may subpoena healthcare records that are reasonably related to their investigation. This issue frequently… Read More »
When Can A Florida Judge Impose Additional Costs As Part Of A Criminal Sentence?
A criminal conviction often means more than just potential jail time or probation. Many offenses also carry certain fines and additional court costs that must be paid as part of your sentence. These costs can quickly add up for defendants with limited financial resources, so it is crucial they not be assessed arbitrarily or… Read More »
The Difference Between “Actual” And “Constructive” Possession Of Illegal Drugs
In order to be convicted of drug possession, the prosecution must prove beyond a reasonable doubt that you had “actual or constructive” possession of the illegal substance in question. Actual possession is just what it sounds like–i.e., the police actually find the drugs on your person or somewhere within “arm’s reach” that is under… Read More »
When Can The Police Rely On “Exigent Circumstances” To Search Me Without A Warrant?
The police must typically obtain a warrant before taking a sample of your blood as part of a criminal investigation. For example, if a police officer pulls you over on suspicion of drunk driving, if you do not consent to a blood draw, then the officer must ask a judge or magistrate to issue… Read More »
When Is A Criminal Defendant “Mentally Incompetent” To Stand Trial?
There are some situations where a person is arrested and charged for a crime yet has no idea what is actually happening. Due to a mental illness, they may be incapable of understanding the nature of the charges against them, much less be in a position to assist in their own defense. In this… Read More »
Can A Judge Dismiss A Juror In The Middle Of Deliberations?
One of the most basic principles of American legal system is that a jury must reach a unanimous verdict to convict a defendant accused of a crime. Jurors are expected to be impartial and determine the facts based on the law, as instructed by the judge. While a judge may dismiss a juror once… Read More »
Understanding Your Right To Be Present At Your Own Criminal Trial
The Sixth Amendment to the U.S. Constitution guarantees every person accused of a crime the right to a trial where they may confront the witnesses and evidence against them. This includes the defendant’s right to be present at every “critical stage” of the trial process, including sentencing following a conviction. Of course, a defendant… Read More »
How The Hearsay Rule Applies To Expert Witnesses In Criminal Trials
As a general rule, hearsay is not admissible as evidence in a Florida criminal trial. The technical definition of hearsay is an “out-of-court statement offered to prove the truth of whatever it asserts.” For instance, if a witness testifies that the defendant told them they had committed a robbery, that would be an admissible… Read More »
