Author Archives: Jay Butchko
“Operation Deal Breaker” Leads to 30 People Being Charged with Selling Drugs in Areas Frequented by Children
Crimes both minor and major get more severe punishments if they affected children or put them in danger. For example, drunk driving is always against the law, but it is worse if a child is in the car with you. Not wearing a seatbelt will get you a traffic citation, but transporting a young… Read More »
Substance Use Disorder Is Common and Treatable, So Don’t Let the Court System Treat You Like a Hardened Criminal
Tough love. Harm reduction. Rock bottom. The Florida shuffle. One day at a time. All these terms related to the circumstances and consequences of drug use indicate one thing: addiction is agonizing for people who suffer from it and for those who care about them. If you are able to put drug use behind… Read More »
On Driving While High, With or Without a Medical Cannabis Card
Cannabis laws in Florida are changing rapidly, so fast that case law has yet to sort out all the implications of the fact that possessing and consuming cannabis is now sometimes legal or somewhat legal or sometimes somewhat legal. It’s safe to say that the current state of marijuana laws is as hazy as… Read More »
How to Stand Up for Your Rights in Court When Racial Profiling Is a Factor in Your Drug Possession Case
Racial discrimination affects virtually every aspect of the criminal justice system. African-Americans make up a disproportionate fraction of the prison population, but they do not commit more crimes. Numerous studies show that police more often go out of their way to catch people of color doing something illegal and to arrest them for it,… Read More »
The Synthetic Drug Abuse Prevention Act: When “Research Chemicals” Officially Become Illegal Drugs
Want to get high without doing drugs? You have plenty of options, as every kid tasting freedom for the first time knows. From eating vast amounts of candy or riding amusement park rides all day long to gazing at a lava lamp in a black-lit room or lighting incense and watching the smoke waft… Read More »
If the Police Search Your Vehicle for Drugs, Don’t Panic; Call a Defense Lawyer
If you are reading this website in a public place, look around the room and try to figure out how many people are under the influence of a controlled substance they are not legally allowed to possess. Several people probably smoked weed outside of one of the Florida cities where smoking weed without a… Read More »
Common Defenses to Drug Crime Cases
Pleading not guilty to criminal charges, whether for drug charges or any other misdemeanor or felony is more than a matter of just saying “I didn’t do it.” The United States Constitution, federal and state statutes, and case law have contributed to a complex process in which the prosecution must prove beyond a reasonable… Read More »
Drug Crimes Related to Vaping
Although medical marijuana is legal in Florida, the sale and use of marijuana for all other purposes is against the law. While vape pens were first marketed as a way to inhale nicotine without any harmful effects, using marijuana in this way has greatly increased in popularity. Vape pens can effortlessly change concentrated oils… Read More »
In Florida, You Can Still Go to Jail for Possession of Small Amounts of Marijuana
Floridians have been loud and proud about their love of cannabis for decades; T-shirts, keychains, and wall hangings displaying pot leaves have been top selling items at mall kiosks since Dr. Dre and Snoop Dogg made their first appearance on the singles charts in the early 90s. Florida’s cannabis laws, however, are behind the… Read More »
Post-Adjudicatory Drug Court Is Better Than Prison, but It Isn’t a Panacea
Addiction is not a crime, but for too long, the court system has treated it as though it were. Too often, being tough on crime simply means punishing people for not having the financial resources and the social support system of friends and relatives to help them stay sober for the long term. Keeping… Read More »
