Author Archives: Jay Butchko
Federal Jury Acquits Man After Drug Bust at Fort Lauderdale Airbnb
Every person accused of a misdemeanor or felony in the United States has the right to a trial by jury, but in practice, very few defendants exercise those rights. The punishments are usually worse if a jury returns a guilty verdict at trial than if the defendant had pleaded guilty. Sometimes defense lawyers are… Read More »
Fort Lauderdale Man Sentenced to 30 Years in Federal Prison for Selling Fentanyl That Caused Fatal Overdose
If a person dies from a drug overdose, does it mean that the person who sold or gave the fatal dose or drugs to the victim killed him or her? Most of the time, drug cases are completely separate from homicide cases, but in the past three years, Florida courts have tried several defendants… Read More »
Coconut Creek Police Officer Acquitted of Sexual Molestation After Other Charges Are Dropped
Between reporting a crime and a defendant being convicted are many steps of a legal process that aims to be fair both to defendants and to victims. The defendant has the right to enter a plea of not guilty, and if he does, the jury cannot convict him unless the prosecution convinces them, beyond… Read More »
Former Boynton Beach Police Officer Gets Two Years for Possession of Images of Child Exploitation
A man previously employed by the Boynton Beach Police Department will serve two years in federal prison after pleading guilty to possession of obscene images showing children being subjected to sexual abuse. Like many people who buy abusive images online, he and the people who conspired with him in the trafficking of the images… Read More »
Former Sheriff’s Deputy Gets Probation in Plea Deal After Pleading Guilty to Possession of Obscene Material Involving a Minor
Possession of obscene images depicting the sexual exploitation of minors is a felony according to Florida law. A person convicted of one count of possession of obscene material involving a minor can face up to five years in prison, as well as having to register as a sex offender. Why, then, is a former… Read More »
Music Producer Serving Sentence for Drug Trafficking Seeks to Overturn His Conviction
In 2020, it should be obvious to anyone that police officers who act as though the rules do not apply to them often get away with it and also that not everything that people post on social media is factually accurate enough to be used as the basis for a decision. The process of… Read More »
Leesburg Woman Sentenced to Four Years for Stealing and Selling Patients’ Information
In October 2019, Stacey Hendricks of Leesburg was arrested for selling confidential patient information she illegally obtained in the context of her medical billing job. On three separate occasions in 2019, Hendricks sold a total of 20 images of patient records to undercover agents in Orange County. In January 2020, she pleaded guilty to… Read More »
Miami LGBTQ Employment Discrimination
Title VII of the Civil Rights Act of 1964 outlaws employment discrimination based on “race, color, religion, sex, or national origin.” The inclusion of sex under this law has sparked debates as to whether it protects the LGBTQ+ community from discrimination as well, and whether sexual orientation and transgender status discrimination should fall under… Read More »
Former Miami-Dade Firefighter Sentenced to 78 Months in Prison for Sexual Relationship with 14-Year-Old Girl
In May 2018, an investigation began into an inappropriate relationship between Miami-Dade firefighter Kevin Kerlin and a Palm Beach County girl. Investigators discovered a series of texts exchanged between Kerlin, who was 45 at the time, and a 14-year-old girl, which referred to sexual contact between the two of them. In May 2020, Kerlin… Read More »
Broward Prosecutors Drop Charges Against Miami Dolphin Mark Walton in Domestic Violence Case After Pregnant Alleged Victim Refuses to Testify
In November 2019, Mark Walton of the Miami Dolphins was arrested after police responded to a domestic violence call at the residence in Davie that Walton shares with his girlfriend Jasmin Thompson. Thompson, who was five weeks pregnant at the time of the incident, alleged that Walton pushed her against a wall and struck… Read More »
NFL Player Pleads Not Guilty in South Florida Armed Robbery Case
As reported by 4 CBS Miami, DeAndre Baker of the NFL’s New York Giants was recently arrested on armed robbery charges in Broward County. Mr. Baker, who was a former high school football star in Miami, allegedly pulled a gun on and stole property from multiple men after a dispute arose at a party… Read More »
Woman Arrested After Refusing to Leave a Public Beach in Violation of a Miami-Dade County COVID-19 Order
According to a report from WPLG Local 10, Kimberly Falkenstine, a 33-year-old Miami woman, was arrested and charged with multiple criminal offenses for refusing to leave the beach at Lummus Park. Police allege that Ms. Falkenstine went on the beach in violation of a Miami Beach public safety order that closed the area in… Read More »
Supreme Court: Sixth Amendment Requires a Unanimous Jury Verdict for Serious Crimes
All defendants have a right to a fair trial. If you were charged with a crime, a fair trial is one in which a unanimous jury verdict is required for a conviction—at least as it pertains to serious crimes. On April 20th, 2020, the Supreme Court determined that the Sixth Amendment of the United… Read More »
Two People Arrested on Identity Theft Charges in Miami Dade County
According to a report from 7 News Miami, two people have been arrested on identity theft charges in Hialeah. The suspects, who appeared in a Miami-Dade County bond court last week, were identified as Caroline Piloto and Diego Jose Rosas. A third individual who was also initially arrested along with the pair was released… Read More »
Report: Miami Police Have Made At Least 16 Curfew Arrests
On March 26th, the City of Miami enacted a strict 10 PM curfew as part of its effort to slow the spread of the COVID-19 (coronavirus). Under the local ordinance, residents are instructed to stay inside from 10 PM to 5 AM—unless their conduct falls under an exception. Failure to comply with this law… Read More »
Police Discover Cocaine Disguised as Car Batteries, Florida Man Charged With Possession With Intent to Distribute
On April 14th, 2020, the Miami Herald reported on the story of a significant drug bust on a cargo vessel in the Miami River. What initially appeared to be two pallets stacked with car batteries were later discovered to be powder cocaine. After an investigation, state and federal agents arrested a man named Juan… Read More »
How to Get Bail Reduced in Florida
Bail is money that a defendant puts up in exchange for their release. The court “holds” the bail to confirm that the defendant will attend all of their hearings. If you cannot pay the full amount needed, you may secure release through bond. As explained by Florida’s Chief Financial Officer, bond is a third… Read More »
Florida Pastor Arrested After Defying COVID-19 (Coronavirus) Order
In an effort to stop the spread of the coronavirus (COVID-19), state and local officials throughout the United States have issued a wide range of different legal orders—many of them temporarily closing down ‘non-essential businesses’, banning large gatherings, and requiring people to stay home or shelter in place. As of April 1st, 2020, Florida… Read More »
Four Things Immigrants Need to Know When Facing Criminal Charges
Being arrested and charged with a criminal offense is always stressful, scary, and confusing. For immigrants and other non-citizens, there may be even more on the line. Indeed, a criminal charge could have very serious consequences for you and your family—potentially even leading to a denial of citizenship rights or removal from the country…. Read More »
I Was Arrested for Drunk Driving in Miami: Will I Lose My Driver’s License?
Drunk driving is a serious criminal offense. A conviction on a DUI charge could lead to significant financial penalties and even jail time. It will also lead to the suspension of your driver’s license. Of course, a conviction is not the same thing as an arrest. Every person deserves their day in court and… Read More »
