Author Archives: Jay Butchko
State & Federal Law Restrict Domestic Abusers’ Firearm Rights
The Second Amendment to the United States Constitution establishes the “right of the people to keep and bear arms.” While U.S. courts have historically extended that right to be able to possess a variety of dangerous firearms, they have also carved out exceptions that take the right to bear arms away from individuals if… Read More »
Is Drug Court An Option For Me?
If you have been arrested and charged with a drug offense in Florida, you may face many potential sentencing options at trial. However, it is sometimes possible to avoid any kind of time in court, particularly if you have never been in trouble with the law before. Florida has been at the vanguard of… Read More »
Pets In Florida Domestic Violence Cases
One of the biggest X-factors for those trying to flee domestic violence situations is the involvement of pets. Sometimes, an abuse victim may have no one but their pet to turn to for support, particularly if their abuser has succeeded in cutting them off from their family and friends. However, until relatively recently, pets… Read More »
I Bought Drugs From An Undercover Cop … What Now?
Florida has a long history with drugs and the people who buy and sell them. Because of the state’s past and perpetually high rates of drug use and overdose, sentences for possession, sale, and trafficking of drugs are particularly severe, and law enforcement is zealous (at times, overzealous) in apprehending drug users. Undercover drug… Read More »
Identifying Crimes Of Domestic Violence In Florida
Domestic violence has a variety of definitions, depending on the context in which the term is used. In the legal sense, the definition particularly must be exact, given that someone may wind up deprived of their liberty if convicted. Florida’s is specific, but also wide-ranging, allowing many more people than just spouses to file… Read More »
Drug Theft On Monroe County Helicopter Ambulance Crew
Sometimes, people in positions of power make bad choices when dealing with drugs – but they wind up facing the same consequences as anyone else. In September 2022, the chief flight nurse on Monroe County’s helicopter flight crew was arrested and charged with two counts of grand theft of a controlled substance, two counts… Read More »
How Is A Domestic Violence Case Affected When A Victim Won’t Testify?
In a standard domestic violence case, the role of the alleged victim is important, because it is often only their testimony that can establish that domestic violence actually occurred. However, it is not at all uncommon for the alleged victim in a domestic violence case to suddenly refuse to testify against their alleged abuser,… Read More »
Explaining Constructive Possession In Florida Drug Cases
When a person is stopped on suspicion of possessing drugs, the concept of “possession” may seem fairly straightforward. However, the legal definition of that word is more complex than the average person might think. The concept of constructive possession may apply in your case, and it refers to a situation when a person exercises… Read More »
Domestic Violence Has Become More Deadly
Statistics from the Florida Department of Law Enforcement estimate that approximately 106,000 instances of domestic violence crimes were reported in 2020. While this was only a slight rise from the previous year’s 105,300, experts who work with domestic violence survivors have documented a significant change in pattern – during 2020, more victims sustained more… Read More »
Recreational Marijuana May Be On Ballot In 2024 … But Still Illegal For Now
In August 2022, a proposed constitutional amendment was filed in Tallahassee with the intention of legalizing certain small amounts of marijuana for recreational use in Florida. The Adult Personal Use of Marijuana Act (APUMA) would enable adults to purchase and use small amounts of cannabis for “non-medical personal consumption.” The amendment is likely to… Read More »