Skip to main content
Robert David Butler
Avvo
Pro

Robert Butler’s Answers

62 total


  • How do plea agreements work?

    Is it like bartering back and forth until there is an agreement? Or is it just one deal/proposal, who proposes the agreement the prosecutor or the defendan?

    Robert’s Answer

    Plea bargain is based on the case. If your attorney is not prepared to win the trial, done all the research and investigation, you will get a less valuable "deal". Some believe the prosecutor holds all the cards. While they have an advantage of nearly unlimited resources for investigation and bias... you have truth. Plea bargain value depends almost 100% on the ability of the defense attorney to win trial. Select an aggressive attorney and you will get a better outcome. Prosecutors need to know they do not actually hold all the cards before they will dismiss or reduce appropriately.

    See question 
  • If a sheriff aknowledges after the fact that a sworn statement in a search warrant application was false..sufficent to supress ?

    A sheriff made a sworn statement before a judge in a searh warrant application stating he was contacted by so and so, homeowners. When in fact he did not ..ever even speak with homeowner, and individual who did in fact gave permission to sheriff...

    Robert’s Answer

    As stated, those facts are bad and should result in at least a "Franks" hearing to determine if the warrant would not have been issued had that truth been presented to the judge who signed the warrant. If the warrant would not have been signed, then suppression. Secondarily, the law enforcement officer who submitted a knowingly false statement to the court should be removed from his/her position. Of course, neither of those outcomes are certain unfortunately.
    You need a very experienced aggressive defense attorney to mount a vigorous attack against the facts you presented. We should never accept "ends justify the means" when it comes to our relationship with government and our freedoms. Law enforcement and many judges get that confused if the search produced evidence of criminal behavior. Good Luck.

    See question 
  • Can an informant sell drugs in order for the police to make an arrest?

    If you are a dealer and an informant sells you a 1/4 oz of meth, can you later be arrested for buying it?? Would such a scenario give them grounds to obtain a search warrant?

    Robert’s Answer

    Yes, you can be arrested for selling or buying from an informant, happens every day. The issue then becomes one of credibility which frequently means multiple transactions. Regarding the warrant, credibility is important as well as recency. A defense attorney who is thorough, will sort these issues out for you and get evidence suppressed if the police did not follow the law during the investigation phase. Good Luck !

    See question 
  • Why wasn't I arrested after cops searched my car and found prescription pills but seized my car and cash I earned from job

    after searching my car they found a few thousand in cash I worked hard to earn from my bartending job and my friends prescription pills in the bottle with label worn off. they are forfeiting my car and cash but did not arrest me. my car was parked...

    Robert’s Answer

    You have a lot of issues in this question. Most important however, you ask if you should "bring a lawyer to the hearing"?... YES, YES YES.
    Just as you were tricked at the time of the contact with Law Enforcement because you were not aware of all your rights... That can happen ( and does, sadly) in the courtroom as well.
    Yes, the inventory needs to be perfect, not off by a lot. Yes, misrepresenting the law for a signature is a problem for the consent, Yes you should win the forfeiture hearing. No they do not have to arrest you.

    Get an attorney to assist you in sorting this out and maintaining your rights.

    Good luck.

    See question 
  • I was pulled over with my friend and his friend in the car, friend's friend is a fugitive.

    The police officer came to my window and recognized my friend's friend (A), there is a warrant out for his arrest. The arrested him and put me in handcuffs as well, they soon got a warrant to search the car and found A's backpack in my trunk which...

    Robert’s Answer

    I am not sure about the question of "misconduct". If you are asking about police misconduct, I am not seeing any from what you provided. If you are speaking about your potential misconduct or criminal exposure, that will depend on the statements of others involved in the case. PLEASE find a very good criminal defense attorney to assist you with this. "A" having his backpack in your trunk is very defensible if handled properly. Pricing is very individualized to the attorney. If you can't afford an attorney, work closely with your public defender. You should be cleared of this allegation if it is as you reported here. Lastly, do not talk about the facts of the case in an open forum from here on out.

    See question 
  • If my firearm was stolen then returned by the thief.. can i choose to not press charges?

    when the firearm was originally stolen i reported it to the police and made a statement, now considering the circumstances i don't want anyone arrested or on trial. Can the police or court systems press charges regardless if i say i dont want to?

    Robert’s Answer

    Yes, criminal charges are State vs. the accused rather than you v accused as in a civil suit. You are a witness not a party to the case. That said, in many prosecutions the prosecutor will take the victim's desire into account. Unfortunately for you, when a gun is involved there is more concern than a theft of generic personal property. You should consult with a quality defense attorney in your area to assist you in navigating this process. You certainly do not want to be responsible for any problems your gun caused while being stolen.

    See question 
  • My dad was arrested for alien possession of a firearm. He's on ice hold and a illegal. Immigration told him he can bail out.

    I don't know what to do. Should we bond my dad because they told him to get him before this monday. Its a 10,000 bond. Will immigration take him when we get him out on bond. I went to a bondsmen and they told me they can't take him out until they...

    Robert’s Answer

    Generally speaking it is a foolish endeavor to post bail for a person with an ICE hold. Your dad will be taken to the immigration detention center and nothing good comes from there. Hard spot to be in, but the bail agent was very nice to you in not taking your money. Many people in your situation are simply taken advantage of by unscrupulous bail agents.

    See question 
  • Is it possible to get an early release on a 10 year no parole sentence? three or four years has already been served.

    It was a drug charge and he was working his life out by getting a job paying off his debts and being a role model for mentally handicapped individuals at a local retains store. Is there anything I can do to help him? He also found out while in fed...

    Robert’s Answer

    While we like to say "anything is possible", this ask seems virtually impossible, The federal system is jokingly referred to as having "truth in sentencing" different from the state system that does a lot of early releasing based on various factors. Very unfortunate situation for him.

    See question 
  • If two people arrested at the same time for the same incident...why are they charged differently?

    Two suspects are arrested outside a building appx. 200yds from where they allegedly trespassed onto private property.(commercial) one suspect ws charged with gross misd. Of crim tresp. And the second was charged with burg. No weapons, nothing sto...

    Robert’s Answer

    Ultimately the charging decision is the prosecutors' and mistakes can and do happen. In this fact pattern, it could be the burglary charge is based on that person's prior contact and trespass from that property.
    Justice is supposed to be blind and the decision to prosecute is to be fair. If the two accused are actually equal before the law ( not just this event but including their past) then they should be treated identically.

    See question 
  • Does the address on the warrant have to be correct

    they searched 2 residences, 3 storage units, 2 vehicles, and an out building , no addresses were correct on the warrants: is this warrant legal?

    Robert’s Answer

    The address is important, but generally not the end of the inquiry. Most judges want the search to be "good" if at all possible, especially if it results in evidence. The challenge to the warrant will look at the totality of the evidence presented to secure the warrant.
    To be sure, this is an issue to be thoroughly reviewed and fought on your behalf by an experienced lawyer. Hopefully anything found as a result of the bad search will be suppressed. ( the government does not change its sloppy behavior when judges let them get away with sloppy work...)
    Good Luck. get an aggressive lawyer to fight this issue for you.

    See question