Author Archives: Jay Butchko
Defenses To Drug Possession
According to the Florida Department of Law Enforcement (FDLE), there were approximately 110,000 drug-related arrests in Florida in 2019. A significant percentage of them, if not a majority of them, were for simple possession, as opposed to drug trafficking or distribution. If you have been arrested for drug possession, you may not think that… Read More »
Do Police Have To Arrest Me For Domestic Violence?
In some states, police who are called to the scene of a domestic dispute must, by law, arrest at least one of the people involved. This is usually rationalized by saying that even if a domestic dispute does not reach the level of intimate partner violence, it is a breach of the peace. Alternatively,… Read More »
Woman Shoots Man Over Counterfeit Cash In Drug Deal
A Boynton Beach woman met a man in a Publix parking lot to conduct a drug deal, and wound up shooting him several times after she determined that the cash he gave her in return was fake. The victim was taken to Delray Medical Center with non-life-threatening injuries, while the aggressor was booked on… Read More »
The Williams Rule In Florida Domestic Violence Cases
If you are charged with a crime, and your case goes to trial, certain things are normally understood as features of U.S. criminal procedure, such as the fact that prosecutors normally are not permitted to offer evidence of the defendant’s character unless the defendant does it first. In many cases, character evidence is not… Read More »
Recreational Marijuana Is Still Illegal In Florida
The 2020 election saw five more U.S. states legalize marijuana in some form, with New Jersey, Arizona, South Dakota, and Montana approving recreational use (only for those over age 21 in New Jersey), and South Dakota and Mississippi legalizing the drug for medical use. As of this writing, this means that 15 states and… Read More »
Perceptions Of Gender In Domestic Violence Cases
In early November 2020, a Manatee County woman was arrested and charged with killing her husband, though she alleged that she did so in self-defense. As of this writing, law enforcement has found no evidence of self-defense, though the ultimate outcome of her case remains to be seen. Historically, when one thinks of domestic… Read More »
Do Mandatory Minimums Actually Prevent Drug Crime?
In early 2020, the Florida legislature took up a bill aimed at reducing mandatory minimum sentences in place for certain drug-related crimes. Historically, this has been a hot-button issue, but over time, measures like this have found more and more support among voters – even the Florida Prosecutors’ Association supported the 2020 measure. However,… Read More »
Criminal And Civil Consequences Of Domestic Violence
Domestic violence is a criminal offense in Florida, carrying a sentence of varying severity depending on the underlying crime. However, what many people who are criminally charged with domestic violence are not aware of until too late is that they may also be civilly sued over the same incident. While civil suits cannot put… Read More »
“Pill Mill” History Leads To Harsh Prescription Drug Abuse Laws
There are people in the United States that have legitimate reasons to take opiate painkillers, prescribed by their doctor – for example, chronic pain patients or those with terminal illnesses. However, for many years, there has been a growing epidemic in the country of people obtaining prescription painkillers under false pretenses, and those who… Read More »
Domestic Violence As Your First Offense
For some people, it is unfortunately far too easy to react to a situation with anger or even violence, and no matter how remorseful they may be, they must still face the consequences. This is the case for a significant minority of domestic violence defendants, especially if their being charged with the offense is… Read More »