Author Archives: Jay Butchko
Understanding Florida’s Romeo and Juliet Law
Florida has a law, called the Romeo and Juliet law, which provides an exception to our state’s statutory rape rules for minors who are close in age and engaged in a consensual relationship. It allows those who meet specific criteria to petition the court to avoid sex offender registration, although it does not legalize… Read More »
Understanding Florida’s Stand Your Ground Law
Florida’s Stand Your Ground law is infamous across the country. It is one of the most widely discussed laws in the United States. Unfortunately, it’s misunderstood. Many people believe that it gives you a license to kill. It doesn’t. What it does do is remove your duty to retreat if you are under threat…. Read More »
What Happens After a Domestic Violence Arrest in Florida
Have you been arrested for domestic violence in Tallahassee? If so, you’re probably scared about what happens next. Indeed, a domestic violence arrest can be a life-altering event. When emotions are high and the facts are unclear, law enforcement must make a quick decision that can have serious consequences. Many are surprised to learn… Read More »
Warrantless Blood Draws in Florida DUI Cases
In 2013, the Supreme Court decided a case known as Missouri v. McNeely. This case pitted Fourth Amendment protections against the needs of police officers when conducting DUI arrests. Could police officers demand the blood of an arrestee who was apparently under the influence for a DUI crime? Initially, the Missouri police were conducting… Read More »
Can I Withdraw a Guilty Plea After Sentencing in Florida?
Yes, in Florida, it is possible to withdraw a guilty plea after you’ve been sentenced. However, it is considerably more difficult than withdrawing the plea prior to sentencing. First, you must file a motion to withdraw plea within 30 days of the sentence and demonstrate that a “manifest injustice” would occur if the plea… Read More »
Can Florida Law Enforcement Compel Me to Turn Over the Contents of My Cellphone?
Generally speaking, law enforcement officers can’t just demand your cellphone to check and see if you did anything wrong. They must have a reasonable suspicion that there’s something on the cellphone that warrants, well, a warrant. The Fourth Amendment prohibits “fishing expeditions” to determine the guilt of an individual. Generally speaking, law enforcement requires… Read More »
Understanding Florida Sex Offender Classifications
Florida sex offenders are classified into two categories. These include sexual offenders and sexual predators. Such classifications are determined based on the severity and nature of the offense, as well as the defendant’s criminal history. Both of these classifications require registration with the Florida Department of Law Enforcement (FDLE). In other words, either classification… Read More »
What’s the Difference Between Assault and Battery in Florida?
While the terms “assault” and “battery” are used interchangeably by laypeople, they mean something very specific and very different under the law. The charges involve very different conduct and come with very different consequences. Understanding the legal distinction between the two is important for your defense strategy. Assault, perhaps surprisingly, does not involve punching,… Read More »
Boating While Intoxicated in Florida
Florida has beautiful weather and a massive shoreline, making it a great place for boaters to enjoy the expansive waterways. Boating is part of our lifestyle, and we take it seriously. We want everyone to be able to enjoy the water without the fear that a drunk boater will mishandle their boat and cause… Read More »
What is an Arthur Hearing in Florida?
If you’ve been arrested for a crime in Florida, the judge will generally set bail or bond and release you onto the streets if you can pay. However, not every offense is bondable; serious offenses, like violent crimes, may not be bondable. In that case, the judge will hold an Arthur hearing to determine… Read More »
