Author Archives: Jay Butchko
Why Does Florida Domestic Abuse Often Go Unreported?
It is common in celebrity gossip to see an allegedly abused spouse stay with their partner, provoking confusion or even anger. The average person may wonder why one spouse stays in the relationship after allegedly being abused. In reality, people remain in abusive relationships, and often do not even report alleged abuse, for several… Read More »
Defending Against Drug Paraphernalia Charges
When a person is arrested for drug possession, another common charge that they may face at the same time is possession of drug paraphernalia. In Florida, the definition of ‘drug paraphernalia’ is very wide, meaning that in some cases, a person may face legal issues for possessing things they had no idea might be… Read More »
Can A Domestic Violence Crime Be Expunged In Florida?
It is not uncommon for a person who has been convicted of domestic violence to wonder about the possibility of expungement. Expungement is the process by which a criminal offense is removed from a person’s record, and while it is generally worth it to inquire, the answer depends on certain specific factors required by… Read More »
My Child Has Been Charged With A Drug Crime, What Do I Do?
The most recent Florida Youth Substance Abuse Survey (FYSAS) shows a marked downturn in drug and alcohol use among students in the state. However, minors still get caught with illicit substances at roughly the same frequency, and just like with adults, they tend to be prosecuted harshly. Florida handles drug-related cases extremely aggressively, and… Read More »
Bipartisan Domestic Violence Bill Seeks To Close Gun Enforcement Gap
In February 2025, a tragic triple homicide occurred in Tamarac, in Broward County, with a husband murdering his wife, her father, and a neighbor before being subdued by police. While the husband has pleaded not guilty, the immediate story in the days directly after the homicide was how hard the deceased wife had tried… Read More »
Sentencing Enhancements In Florida Drug Cases
In U.S. criminal law, a sentencing enhancement is a factor that increases the potential prison sentence for an offense based on who committed it, against whom it was committed, and how it was committed. Sentencing enhancements exist because certain crimes involve greater threats to society or greater evidence of moral guilt is manifested by… Read More »
Can I Argue Self-Defense In A Domestic Violence Case?
In domestic disputes, no one will disagree that emotions run high. It is unfortunately all too easy for an argument to turn into a physical altercation, and if the police are called, you may wind up being charged with a crime of domestic violence even when you had no real intention to injure anyone…. Read More »
Arrested For Drug Possession – But I Live Out Of State
While it happens far more often during spring break and summer vacation, tourists who come to Florida for vacation will sometimes run afoul of the law. One of the most common reasons this occurs is that they get caught with a controlled substance – from cannabis to prescriptions, all of it counts as unlawful… Read More »
Domestic Violence & Florida Divorce
If you have been charged with a crime of domestic violence in Florida, you know the stakes are high. A conviction can lead to loss of one’s firearm rights, to jail time, to the worst possible loss for many parents: the loss of the right to see one’s children. It is unfortunately not uncommon… Read More »
The Evolution Of Florida’s “Plain Smell” Doctrine
In October 2025, Florida’s Second District Court of Appeals heard a case which struck down the state’s so-called “plain smell doctrine.” This was an unwritten rule which held that the mere smell of cannabis was sufficient probable cause for law enforcement to search a person or their vehicle for drugs. However, as the law… Read More »