Author Archives: Jay Butchko
Recent Case May Change Firearm Rights For Alleged Domestic Abusers
On June 4, 2021, the Second District Court of Appeals issued a decision that may have implication for people who have been served with a temporary injunction. Dean v. Bevis involved an appellant who sought to have his firearm rights reinstated despite a temporary injunction against him. The court ruled in his favor, and… Read More »
Asserting Self-Defense In Domestic Violence Cases
If you have been charged with domestic violence in Florida, you have the right to assert what are known as affirmative defenses. Everyone charged with a crime has the right to defend themselves, and while domestic violence is seen as a particularly serious crime, affirmative defenses do exist and can help to get a… Read More »
Can A Drug Offense Affect My Immigration Status?
If an immigrant to the United States is convicted of a crime, not only do they face possible criminal penalties, they can very often face immigration consequences. Drug offenses in particular can cause problems – even a conviction for simple possession – because they are seen as crimes involving poor morals, which can trigger… Read More »
COVID-19 Pandemic Has Increased Domestic Violence Rates
In late February 2021, the National Commission on COVID-19 and Criminal Justice (NCCCJ) released an impact report analyzing 12 studies on domestic violence and the COVID-19 pandemic. The report was authored by a team of five, with three boasting Florida ties, and what they found was a statistically significant increase in reported domestic violence… Read More »
What Is Florida Drug Court?
Drug crimes are harshly prosecuted in Florida, because of the state’s past as a battleground for cartels. Mandatory minimum sentences are still in force for some of those offenses, which have been shown to be ineffective in reducing drug crimes and are often punitive, rather than reasonable. However, Florida has also given birth to… Read More »
Potential Legislation Would Criminalize Disclosing Shelter Locations
In early March, the Florida Senate’s Rules Committee sent two bills to the floor that would make it a misdemeanor to disclose identifying information about the location of a domestic violence shelter, or to publicly identify any of the shelter’s workers. There has been a repeated pattern of behavior over many years (as technology… Read More »
Driving While High In Florida
The overwhelming majority of people know that driving under the influence of alcohol is a crime in Florida, punishable by jail time, fines, and a host of other consequences. However, as the position of marijuana and certain other drugs evolve in our society, sometimes people forget that just because something is legal does not… Read More »
Specific Crimes Of Domestic Violence In Florida
The pop culture perception of domestic violence always seems to involve assault and/or battery, but in Florida, there are several different crimes that fall under the heading of domestic violence. If you commit a criminal offense against a specific class of person, there is a good chance it will be considered domestic violence despite… Read More »
West Palm Beach Fires City IT Manager For Using Medical Marijuana
In the 2016 elections, Florida voters elected to begin a medical marijuana program in their state for those who suffer from certain serious medical conditions. However, many different aspects of using marijuana legally are still being ironed out by society. In late March, the city of West Palm Beach terminated a “top information technology… Read More »
Children In Domestic Violence Cases
No good parent ever wants their children to be exposed to familial fighting. However, if domestic violence happens in the home and your children are in a place to experience it, there can be severe consequences for both them and you, especially if you are held to have been the aggressor in any domestic… Read More »