Author Archives: Jay Butchko
“Greyson’s Law” Aims To Protect Children From Domestic Violence
In May 2021, the murder-suicide of a father and his four year old son made headlines, and understandably caused long-lasting trauma to the surviving mother and other family members. The father had allegedly been threatening the mother for years, but in April 2021, a judge denied the mother’s application for a domestic violence injunction… Read More »
Is Recreational Marijuana Legal In Florida?
As of this writing, there are 36 states and 4 territories in the United States that allow the use of medical marijuana under controlled oversight, while 18 states, 2 territories, and the District of Columbia allow nonmedical use of small amounts of marijuana. Florida currently has a medical marijuana program, but despite voters showing… Read More »
Domestic Violence Charges & Firearm Rights In Florida
Statistics reported by CBS News in 2020 estimate that approximately 35 percent of Florida’s adults live in homes where guns are present – ranking only 40th among U.S. states. However, those Floridians who own guns take the right to do so very seriously. The fact that it can be taken away can sometimes come… Read More »
What Is Constructive Possession?
When someone is stopped with drugs on their person, they can be charged with drug possession under Florida law in the overwhelming majority of cases. However, there is another type of “possession” that many do not understand. Constructive possession deals less with actually holding contraband in one’s hand or pockets, and more with having… Read More »
The Long-Term Consequences Of A Domestic Violence Conviction
Florida defines a crime of domestic violence as “any criminal offense resulting in physical injury or death to a family or household member,” committed by another family or household member. If all the criteria to obtain a conviction are met, you may face not only jail time, fines, and costs, but also long-term social… Read More »
Entrapment As A Defense To Florida Drug Charges
In Florida, it is not uncommon to hear that a person has been ‘set up,’ particularly when it comes to drug charges. However, in rare cases, they may actually be telling the truth. Entrapment is a legal term for situations in which law enforcement gets an innocent person to commit a crime that they… Read More »
Defending Against Florida Domestic Violence Charges
If you have been arrested and charged with domestic violence, know that you have the right to assert a defense in court – in some cases, multiple defenses may apply. However, some defenses to domestic violence can backfire, making your case all that much harder to win. An experienced domestic violence defense attorney can… Read More »
Clearwater Man Denies Ownership Of Drugs … Found In His Underwear
On the morning of December 23, 2021, a Pinellas County Sheriff’s deputy stopped a man driving through Clearwater without his lights on. He searched the vehicle and the driver, finding a gun under the seat and drugs wrapped in plastic, secreted in the driver’s private area. When asked about ownership of the drugs in… Read More »
Affirmative Defenses To Domestic Violence Charges
Domestic violence is not one specific crime in Florida; rather, several different criminal offenses can be judged as ‘crimes of domestic violence’ on a case-by-case basis. That said, regardless of what crime you were charged with, you have the right to your day in court, and your attorney can use what are called affirmative… Read More »
Is The Victim’s Cooperation Required In Florida Domestic Violence Cases?
Domestic violence is a crime that affects not only the alleged perpetrator and the victim, but others around them and even the state as a whole. Florida takes these cases very seriously, but prosecutors also try to protect victims and ensure that they get the justice they deserve. That said, it is important for… Read More »