Author Archives: Jay Butchko
Keeping Cops Honest: Police Misconduct Databases
It was after the murder of George Floyd in 2020 that then-president Trump recommended creating a database to house occurrences of officer use of excessive force. It took until 2022 to actually create that data base under then-president Biden, when an executive order defined several issues related to police misconduct, including: Improving research on… Read More »
What Is Probable Cause?
What is probable cause? We hear the term regularly on crime shows and the like, but what does it mean in practical terms? The fact is, probable cause is a legal standard. It must be more than a reasonable suspicion, but needn’t exist as proof beyond a reasonable doubt. Probable cause signifies, then, a… Read More »
Ethics and Your Criminal Defense Attorney
Criminal defense attorneys fight for the Constitutional rights of everyday Americans who’ve been accused of crimes. The law says our clients are innocent until proven guilty, and we have both the obligation and the moral authority to use everything the law allows to advocate for them. It goes without saying that we must absolutely… Read More »
Could You Get Immunity Instead of Facing Criminal Charges?
Most people are familiar with the 5th Amendment of the Constitution, which provides protections against self-incrimination. Essentially, a person can’t be forced to share information that is directly incriminating, or that could lead police or prosecutors to later discover incriminating evidence. It’s a big deal for anyone who’s been arrested, because clearly, as a… Read More »
What You Should Know About the Alien Enemies Act
One of the first workplace raids of the new administration took place in Newark, New Jersey. Immigration and Customs Enforcement (ICE) detained multiple individuals—citizens as well as undocumented individuals—even though they did not have a warrant. The city’s mayor claimed it to be a clear violation of the Fourth Amendment to the Constitution, which… Read More »
What are Your Rights When it Comes to Public Protesting?
If you are anxious to exercise your 1st Amendment right to express yourself by participating in a public protest, it’s important to know that the government—usually through the police— is permitted to put some restrictions on what you’re allowed to do. Being familiar with the legal expectations can help you avoid trouble with the… Read More »
When DV Survivors Wind Up Behind Bars
It shouldn’t surprise us to learn that many of the women in prison who’ve been convicted of murder or manslaughter were previously victims of intimate partner violence. In one such case, a woman stabbed a former boyfriend after months of stalking. In another, a woman killed her partner, who’d repeatedly raped and beaten her… Read More »
Can Confidential and/or Jailhouse Informants be Trusted?
Police use confidential informants (CIs) and jailhouse snitches to gather information and put suspects behind bars all the time. Unfortunately, there are some real problems with the practice: There are no good mechanisms in place to figure out if an informant (or a police officer) is being untruthful; Informants have incentives to lie; Police… Read More »
Reasonable Doubt in a Criminal Case
When you’re hoping for a not guilty verdict, you are typically a defendant who is relying on their attorney to create reasonable doubt in the minds of the jury. What does that entail? Understanding Reasonable Doubt The burden on the prosecutor is to present proof of your guilt beyond a reasonable doubt. In other… Read More »
Defending Charges of Bank Robbery
Movies about bank robberies are fan favorites, always packed with intrigue and action. But do they happen in real life very often? The short answer is that yes, they do! If you have been charged with bank robbery, you need a tough criminal defense attorney at bat for you! Nevada Robberies in the News … Read More »
