Author Archives: Jay Butchko
Depositions in Domestic Violence Cases
When witnesses testify at trial in movies, the witness testimony often reveals surprising plot twists. In real life, it is still suspenseful for a defendant when a witness takes the stand at a criminal trial, even though the defendant already knows what the witness is going to say. What the defendant cannot predict is… Read More »
Wiretapping and Interception of Communications
Secret recording of conversations is a well-known tactic in criminal investigations, especially in cases involving conspiracy. In some cases, prosecutors will greatly reduce the charges against defendants or even grant them complete immunity from prosecution if the defendant will agree to wear a recording device and secretly record his or her conversations with conspirators. … Read More »
When Is Breach of Fiduciary Duty a Crime?
In many criminal cases, the person who accuses the defendant and claims to have suffered physical injury or financial losses because of the defendant’s actions is someone that the defendant knows. Consider that, in many cases involving sexual assault and illegal sexual contact, defendants have known the victims and their families for a long… Read More »
Florida Criminalizes Eight Synthetic Opioids
Opioids are not new, and neither is opioid abuse and addiction. Despite this, the opioid drugs most prevalent in the illegal drug supply change frequently, due to the availability and cost of these drugs and to new drugs being synthesized and sold legally or illegally. In the early 2010s, legal but poorly regulated pain… Read More »
The Sixth Amendment And Criminal Trials
Protecting people from excessive and unwarranted punishment and criminal prosecution is one of the foundations of a just society. The United States Constitution and the Bill of Rights, which are the first ten amendments to the Constitution, deal in various places with safeguards that protect people accused or suspected of crimes from unjust and… Read More »
Recreational Cannabis In Florida Gets One Step Closer To Ballot Initiative
If your only evidence was the number of people rolling joints in plain sight, it would be understandable if you thought that recreational cannabis was legal in Florida and had been since before you arrived here. In fact, cannabis laws in Florida have changed quickly over the past decade, but recreational cannabis use remains… Read More »
Can Florida Defendants Represent Themselves In Criminal Court?
Even if you do not go to jail, the costs of being a defendant in a criminal case add up. If you serve a probation sentence, you must pay all the costs associated with your probation, including drug testing and, if applicable, a GPS ankle monitor. The court can suspend your driver’s license, sometimes… Read More »
Direct File: A Nightmare For Florida Teens
Most adults, if they are being honest, will tell you of times when they engaged in dangerous or thoughtless behavior. Whether you regard the incidents from your youth that reflect the worst on your character with humor or horror most likely depends on the consequences. If a youthful mistake led to a disproportionate punishment,… Read More »
New Florida Law Seeks To Regulate The Production And Sale Of Kratom
Many tropical regions have plants that do more than just look beautiful and make food taste better. Plants of the genus Cannabis grow anywhere that the weather is warm enough. In Yemen and East Africa, there is khat. South America has coca and the ingredients of ayahuasca. In Mexico and southern Texas, you can… Read More »
Forgery Crimes And Florida Law
The pastor of New Jerusalem Baptist Church in Pompano, is currently facing charges for financial crimes, as well as theft, drug possession, and possession of a stolen firearm. His case is still pending, but the investigation began when parishioners complained that he had an unfair amount of control over the church’s funds and claimed… Read More »
Will The Jury Acquit You Just Because Your Accuser Has A Motive For Lying?
The jury cannot return a verdict of guilty unless the prosecution’s evidence and arguments leave no room for reasonable doubt, but to establish reasonable doubt, you must do more than just say, “He’s lying!” You must show why the exhibits that the prosecutors show do not mean what the prosecutors say they mean or… Read More »
A Criminal Defense Lawyer’s Perspective On Romance Scams
If you are single and looking for love, it is easy to feel like you do not know who to trust, especially if you are meeting prospective partners on dating sites. People talk a big game on the phone and while exchanging messages, but when you meet them, they are much less charming. As… Read More »
Is Possession Really Nine Tenths Of The Law?
If you get arrested for a crime, it is best to exercise your right to remain silent until you have a chance to talk to a criminal defense lawyer about your case. You will probably go into survival mode, and your mind will be swirling with every possible way that you can get out… Read More »
Employees Of Florida Research Firm Plead Guilty To Falsifying Data In Clinical Trials
Sometimes it feels like there is nothing interesting on the Internet anymore, it is a case of “57 channels and nothing on” syndrome writ large. Everywhere you look, there are generic articles that sound like they were written by chatbots for an audience of search engines, and mindlessly sensationalist clickbait. If you need a… Read More »
How Hard Is It To Get Prosecutors Not To Charge You?
Getting arrested on suspicion of a crime is not like standing in front of two doors, behind one of which a terrible fate awaits you, and deciding which one to open. It is more like the beginning of a flowchart. Your case can take many different paths. If you focus only on “incarceration” versus… Read More »
Broward Sheriff’s Office Arrests Three Men On Suspicion Of Real Estate Fraud Conspiracy
Anyone who has ever bought or sold a house in South Florida knows that the process can be fraught with ambiguities. You have to sign huge volumes of documents to complete the transaction, and if you make a simple typo or other mistake on any of the paperwork, it can take weeks of work… Read More »
Driver’s License Suspension For Drug Possession Convictions Is Counterproductive, But The Practice Continues Unabated In Florida
Some corners of the Internet sing the praises of a world without automobiles, but the dream of a walkable utopia is not coming to Florida any time soon. People rely on their cars to go everywhere, including for commuting to and from work and picking up their children from school. They also rely on… Read More »
You Don’t Have To Be A Celebrity To Go To Drug Rehab Instead Of Jail While Awaiting Trial
It is as if, when it is a slow news day in South Florida, journalists have standing orders to recite the litany of criminal cases in which Bill Kapri, better known by his stage name Kodak Black, has been a defendant. It is a thrilling story, by all accounts; Kodak Black began recording music… Read More »
Founding Partner Jude Faccidomo Quoted in Florida Bar News Commenting on Proposed Deposition Bill
As published by the Florida Bar in Florida Bar News on March 9, 2023. By Jim Ash Senior Editor Top Stories Florida defense attorneys are warning that a proposal to bar the deposition of children and other vulnerable witnesses in criminal cases would do more harm than good. Jude Faccidomo, immediate past president of… Read More »
Mixed Messages About Ketamine From Medicine, Law, And Society
Ketamine is the world’s least dangerous anesthesia drug. It is PCP lite. Ketamine is nitrous oxide for grownups. Ketamine captures the ethos of Generation Z, giggling apathetically like minions, the way that cocaine, heroin, LSD, and weed (then known as pot, marijuana, reefer, doobies, and a host of other outdated nicknames) captivated the imaginations… Read More »