Author Archives: Jay Butchko
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 »
How Domestic Violence Charges in Florida Can Affect Your Employment
Allegations of domestic violence are often enough to tar someone as an abuser in the eyes of the press and the public. This often includes the accused person’s employer. Many private and public employers in Fort Lauderdale are reluctant to hire or retain someone who has been convicted of–or even charged with–crimes involving domestic… Read More »
The Basics of Expunging Your Criminal Record in Florida
Under certain conditions, it is possible to have a criminal record sealed or expunged in Florida. While these terms are sometimes used interchangeably, sealing a record and expunging a record are actually different things. When a criminal record is sealed, members of the general public no longer have access to that information, although it… Read More »
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 »