Author Archives: Jay Butchko
Asset Forfeiture In Florida Drug Cases
Both federal law and Florida state law permit a practice known as civil asset forfeiture (in some other jurisdictions, criminal asset forfeiture is legal, but not in Florida). However, civil asset forfeiture has come under fire in recent years, as countless police departments have been caught in scandal surrounding unfairly appropriated assets like cash… Read More »
Have Questions About Domestic Violence Injunctions?
If you are arrested and charged with domestic violence after your alleged victim calls police, you will not only face the criminal consequences; you may face other problems that can alter your life routines even without a conviction. One of the most immediate is the changes you will have to make if your alleged… Read More »
Is Vaping Illegal In Florida?
In recent years, vaping has become a more common way of using tobacco or marijuana. However, the proverbial jury is still out on its legality in many different states and countries. In Florida, the physical practice of vaping is legal, though locations where it can be done are limited (the state banned vaping in… Read More »
What Are Mandatory Minimum Sentences?
In late October 2021, Florida Rep. Anna V. Eskamani refiled legislation designed to eliminate mandatory minimum (MM) sentences for nonviolent drug offenders. Eskamani has tried several times to mount similar legislation, citing multiple studies that show mandatory minimum sentences are not nearly the deterrent that lawmakers had originally believed them to be. While it… Read More »
What Is Not Domestic Violence?
The Me Too movement and the increase in domestic violence cases during the COVID-19 pandemic have led to many more alleged abusers winding up behind bars. However, not every altercation between two people should be considered domestic violence, and too often, the term is used erroneously. If you are facing charges for domestic violence,… Read More »
My Child Has Been Charged With A Drug Crime!
Florida’s drug laws are harsh, given the state’s past history, and adult defendants are often given strict sentences, some being mandatory minimums that may put them in prison for decades. However, when a person under the age of 18 is charged with a drug crime, there are many different options as to how such… Read More »
Will Domestic Violence Charges Affect Child Custody?
If a person is convicted of domestic violence under Florida law, any prison term or assessed fines will only be part of the consequences – those who have these types of convictions on their criminal record will also face social issues going forward. One of the most potentially devastating is the harm it will… Read More »
St. Petersburg Man Sentenced To 17 Years For Distributing Drugs
In late October 2021, a federal district court judge in Tampa sentenced a St. Petersburg man to 17 years and 6 months after the man was convicted of conspiracy to distribute drugs – at least 500 grams of cocaine, as well as 100 grams of a drug mixture of heroin and fentanyl. The defendant… Read More »
Is Stalking A Crime Of Domestic Violence?
When the average person thinks of domestic violence, they think of physical altercations that end in assault, battery, or even homicide charges. However, there are several other crimes that Florida law specifically characterizes as potential crimes of domestic violence. Among them is the offense of stalking, which can be a feature in a continued… Read More »
Arrested With Drugs During A Florida Traffic Stop
Many of the convictions gotten in Florida courts begin with a traffic stop. If you are stopped while driving and caught with drugs, you will be charged with the same drug crimes as anyone whose home or office was searched pursuant to a valid warrant. However, the legality of vehicle searches is different than… Read More »