Author Archives: Jay Butchko
How Can I Prove Self-Defense After Being Charged With Domestic Violence?
Florida courts take charges of domestic violence extremely seriously, and are justifiably predisposed to believe alleged victims. However, not every case should result in a conviction. There are cases in which a person charged with a crime of domestic violence is innocent, and there are some in which the defendant acted in self-defense. While… Read More »
“Prescription” Drugs Without A Prescription Are Still Unlawful
Drugs are classified into ‘schedules’ at both state and federal levels, categorized by their potential for addiction and their accepted medical usage (or lack thereof). This includes controlled substances that are sometimes prescribed for certain health conditions – but just because they have medical uses does not mean they are legal to possess without… Read More »
Florida Stalking Laws Under Microscope After Tragic Murder
In February 2024, a Clearwater woman was killed when her former boyfriend shot her as she ran to a neighbor’s home – mere days after she was denied an anti-stalking injunction from a judge in her district court. The judge ruled that the woman had failed to show enough proof that a stalking situation… Read More »
Defining Possession With “Intent To Sell” In Florida
Possessing a controlled substance in Florida is a serious crime all on its own, but possession when “intent to sell” is detected can lead to long-term consequences. Drug possession is a crime against oneself, but possession of drugs with intent to sell is seen as a larger crime against society, and is prosecuted aggressively… Read More »
Homestead Police Officer Charged After Fight With Wife
While we all like to think that we would never be placed in a position where domestic abuse can happen – either as victim or perpetrator – sometimes things can simply get out of hand. In late February 2024, a Homestead police officer was arrested for domestic violence after an argument with his wife… Read More »
Florida Drug Courts Can Help Defendants Get A Second Chance
Normally, when a person has to go to court, the experience is intimidating and adversarial, particularly if they are on trial for a criminal offense. However, Florida has played a major role in developing a new kind of court, designed to arrive at solutions in a slightly different way. Now under the larger umbrella… Read More »
I Swear I’m Innocent!
Being charged with a crime of domestic violence, particularly if you have never been in trouble with the law before, can be a terrifying and shameful event even if you know you are guilty – but if you are truly innocent, it can be easy to feel overwhelmed by the system. Florida law defines… Read More »
Actual vs Constructive Possession In Florida Drug Cases
Possession of drugs is a fairly straightforward crime in most respects; one might figure that either a person possessed drugs, or they did not. In reality, the law allows for more variation and nuance in the definition of “possession.” One of the most common issues in this respect is the concept of actual versus… Read More »
Legal & Practical Consequences Of A Domestic Violence Conviction
Domestic violence is a serious crime that is treated as appropriately serious by Florida authorities. The state does not have one specific cause of action referred to as ‘domestic violence;’ rather, it is treated as an umbrella under which several crimes fit. If a person is convicted of a crime of domestic violence, there… Read More »
Florida Drug-Free Zones Help Protect Children
The concept of the drug-free zone has been present in U.S. jurisprudence since the 1970s, with many of them centered on schools and places of worship. The intent of such a policy is obvious – to protect children from being exposed to drug-related activity in the places they might congregate. On its face, this… Read More »