Author Archives: Jay Butchko
What is the Matrix? A Revolution in Pretrial Release. Whoa!
There is a presumption, built into our Constitution, that a person charged with a crime is entitled to be released before trial; he or she is, after all, still presumed innocent. Historically, at a hearing called First Appearance, the court would determine an amount of money that the defendant must post as bail in… Read More »
License Plate Readers: Is Big Brother Watching?
License plate readers automatically take time-stamped photos of vehicles entering and leaving an area. These photos can be great evidence when someone commits a crime. They can help police officers nab criminals before they leave the city for good, and they can help prosecutors prove a case at trial. Because they are such a… Read More »
The Alleged Victim Just Got New Rights. Did the Accused Just Lose Some?
On November 6, 2018, voters approved Amendment 6, which amended the Florida Constitution to vastly expand the rights of victims of alleged crimes. Amendment 6 took effect on January 8, 2019. While the goal of enhancing victims’ rights certainly sounds noble, it appears that Amendment 6 has altered the criminal justice system in a… Read More »
“Don’t Drink and Drive” Applies to Boats, Too
Most people understand that driving under the influence is not only against the law, but dangerous as well. When it comes to boating under the influence, however, the laws and risks are not as well-known. Alcohol is often present on boats, especially on Florida lakes and waterways on holiday weekends. Boats are different from… Read More »
First Appearances: Lasting Decisions
A person arrested on a crime is entitled to a hearing within 24 hours to determine whether, and under what conditions, he or she can be released from jail while waiting for trial. This hearing is called First Appearance. In Palm Beach County, First Appearances are held in the morning at the Palm Beach… Read More »
Motocross Champ Arrested for Domestic Violence
Hitting someone is never a good idea. However, many men—and women—get frustrated or angry with their partner and resort to domestic violence. A motocross champ from Brazil was recently arrested for giving his girlfriend a black eye in Florida. Erick Bretz has been accused of assaulting his girlfriend, who is also from Brazil but… Read More »
Recent Developments in Stand Your Ground and Defenses to Weapons Charges in Florida
A new case involving the “Stand Your Ground” statutes is before the Florida Supreme Court. Love v. State of Florida, Case No. SC18-747. Interested persons and associations are paying careful attention. The issue before the Court is whether the statutory procedure in court for asserting “Stand Your Ground” is constitutional, and if the procedure… Read More »
Ice Cream Shop Visit Leads to DUI for Florida Man
DUI stops tend to occur when someone is pulled over while driving. Rarely do they result from visits to the ice cream shop, but that was what happened recently in Florida. Instead of a sweet treat, a man got a ride in a police car. The incident happened on October 8 at Royal Scoop,… Read More »
Is Florida the Worst State for Drug Rehab Crimes?
Both the beauty of Florida, and ease of entering drug rehabilitation, make the Sunshine State an alluring spot for drug users to seek treatment. With an assortment of treatment options comes an even larger assortment of drug rehab crimes, many which are federal. Florida’s perpetual rehab industry nets billions in insurance payments for owners… Read More »
When Does Predatory Mortgage Lending Become Mortgage Fraud?
The FDIC loosely defines predatory mortgage lending as an abusive and unfair extension of credit, though it’s unclear what defines “abusive and unfair”. Some industry experts believe predatory practices are those “which systematically violate loan terms and put borrowers at an unfair disadvantage when defending against those practices”. Predatory practices become mortgage fraud when… Read More »