Author Archives: Jay Butchko
When Does Extreme Couponing Become A Crime?
Everything is so expensive in Florida that the only ways to afford anything are coupons and crime. The problems begin when reasonable minds disagree about when coupon shopping becomes a crime. Florida law recognizes the criminal offense of coupon frauds when a customer knowingly attempts to redeem fraudulent coupons or counterfeits coupons and distributes… Read More »
How Bad Is It If You Fail To Appear In Court?
This week, the Florida Man who is on everyone’s mind is Joseph Malinowski, nicknamed “Lieutenant Dan” after the tough as nails Vietnam War veteran from the movie Forrest Gump. Malinowski achieved fame by staying on his boat during Hurricane Helene and Hurricane Milton, while everyone else scurried for higher ground. Shortly after his image… Read More »
Smartphone Searches And The Fourth Amendment
Things can quickly go from mildly annoying to disastrous at traffic stops. One minute you make an illegal turn, and the next thing you know, police K9s are pointing at your pills that you thought were Xanax, but now the crime lab is saying that they were fentanyl, and all because a cop insisted… Read More »
Prosecutorial Misconduct And Florida Criminal Cases
In most contexts, two wrongs don’t make a right. If your brother complains to your mother that you hit him, and you protest, “He hit me first,” your mother’s response will probably be that you are both wrong. In divorce cases where both spouses had extramarital affairs, the court does not automatically award the… Read More »
Why All The Fuss About Gabapentin, If It Isn’t A Controlled Substance?
This sounds like something that happened in Florida, but in fact, it happened in Pennsylvania. A man would call doctors who had previously treated his girlfriend, saying that she was having a seizure and needed a prescription for gabapentin immediately. The doctor would call in a prescription to a pharmacy, and the man would… Read More »
Can You Get Criminal Charges For Chroming?
Every week, the news media comes up with something new for adults to panic about, usually something apparently dangerous that teenagers are doing on social media. This week, the Internet is abuzz about chroming, which the young generation apparently thinks it invented, if the news reports are to be believed. Of course, chroming is… Read More »
Nebbia Holds
Whether the state allows you to post bail or keeps you detained until trial is mostly beyond your control, although legal remedies are available if the state keeps you detained unfairly when you have not been convicted of a crime. Some people want to abolish cash bail entirely, while the Bill of Rights only… Read More »
Could You Be Extradited From Florida To Another Jurisdiction?
South Florida is a gateway to the world. Just look at the array of languages and national flags in Sawgrass Mills mall. While we are on the subject of Sawgrass Mills, South Florida is where people go to be seen and to bend the rules; it is also where people have close encounters with… Read More »
Habeas Corpus And Florida Criminal Cases
The confusing thing about legal terms is not that they are in Latin, but when you translate them into English, it is still not always clear. For example, “habeas corpus” means “you shall have the body,” but which body is it, and what does it mean to have it? Doesn’t everyone have a body? … Read More »
Yes, You Can Get Criminal Charges For Not Taking Care Of Your Pets
Taking care of a pet is a big responsibility, as parents remind every fourth grader who insists that he can take care of that adorable bunny, hamster, or iguana in the pet shop window all by himself. When kids fail to provide adequate care for pets, the parents usually rise to the occasion, grumbling… Read More »
