Author Archives: Jay Butchko
Can A Domestic Violence Case Progress Without Victim Testimony?
In quite a few domestic violence cases, the testimony of the alleged victim is the cornerstone of the prosecution’s case. Without it, a state’s attorney may choose not to prosecute. However, it is crucial to understand that this is not always the case. Whether or not a domestic violence case will progress is almost… Read More »
Parents Charged In 1-Year Old’s Death From Fentanyl Overdose
In early January 2023, the parents of a 1-year old boy were charged in Broward County after the child overdosed on fentanyl while in their care. The two face charges for possession of fentanyl and aggravated manslaughter of a child, after an investigation into their son’s death found that both parents had been negligent…. Read More »
Is Domestic Violence Ever Charged As A Federal Crime?
In the overwhelming majority of Florida domestic violence cases, any charges are brought at the state level. That said, there are rare cases in which an alleged domestic violence offense can be charged under federal law. If this happens to you, it is crucial that you be aware of the stakes you are now… Read More »
What Are The Types Of Florida Drug Offenses?
Drug offenses are seen as particularly serious in Florida, because of the state’s history with cartels and with so-called “pill mills” creating a history of drug use and addiction. As a result, Florida’s sentences for drug crimes are among the most severe in the United States. However, for the person charged with drug crimes,… Read More »
How Do Domestic Violence Allegations Affect Florida Divorce?
Getting a divorce is never easy, but if your soon-to-be ex-spouse decides to make allegations of domestic violence (whether true or false), the process can become even more heated and complex. Because of its potential to harm society as a whole, allegations of domestic violence are taken very seriously in Florida, and if convicted,… Read More »
Man Charged In Fentanyl-Related Death Of Teenager
In early December 2022, a 25-year old man was charged with first-degree murder in the death of a Clearwater teenager. The man had invited the teenager to his home in November 2021, to ‘hang out’ and use cocaine – but instead of cocaine, he provided the young woman with fentanyl. He later left her… Read More »
Drugs With Legitimate Uses Can Still Be Illegal
When the average person hears about drug-related crime, most of the time, incidents involving illegal drugs are being discussed. However, it is also quite common for drugs that have legal, accepted medical uses to pop up in crime reports for unlawful possession, sale, or even trafficking. If you are arrested and charged with possession… Read More »
Clarifying Florida’s Definition Of Domestic Violence
The offense of domestic violence is defined in a different way in practically every U.S. state. Florida’s relevant statute establishes several facts about these types of crimes, but perhaps the most important is that in Florida, no singular crime called ‘domestic violence’ exists in law. The method by which someone is charged with a… Read More »
Mandatory Minimum Sentences For Florida Drug Offenses
The first mandatory minimum prison sentences for drug crimes came about in 1984 with the Crime Control Prevention Act (CCPA) at the federal level, enacted as part of the so-called War on Drugs. Ever since then, sentences have lengthened and judge’s discretion has slowly become less relevant, both at the federal level and the… Read More »
Fighting Florida Domestic Violence Charges – When You Are Innocent
It is not uncommon for those charged with crimes of domestic violence to assert their innocence early and often, usually in an effort to get their charges dropped. However, the rare defendant does come along who is truly innocent of these offenses. If that is you, it is crucial that you not try to… Read More »