Author Archives: Jay Butchko
Miranda Rights & Drug Charges In Florida
A 2022 survey from the Annenberg Public Policy Center at the University of Pennsylvania reported that less than half of U.S. citizens could name all three branches of their government, while only 40 percent knew that undocumented immigrants have rights under the U.S. Constitution. This unfortunate lack of civic literacy often applies when being… Read More »
Have You Been Charged With A Florida Domestic Violence Crime?
Domestic violence in Florida is defined as any criminal offense resulting in “physical injury or death” to a victim who shares a particular type of relationship with the alleged perpetrator – for example, a spouse, ex-spouse, or unmarried co-parent, among others. If you have been charged with this type of crime, it is crucial… Read More »
Can You ‘Stand Your Ground’ During A Domestic Dispute?
Florida’s ‘stand your ground’ law has had a somewhat controversial past, being used to justify killings some saw as unlawful, or even used as a metaphorical stick with which to beat defendants. However, if you have been a victim of domestic violence, knowing the intricacies of the ‘stand your ground’ law can help you… Read More »
Accused Of Conspiracy To Commit A Drug Offense?
Most of the time, a person must commit a specific act in order to be charged with a crime. However, there is a specific category of offenses known as ‘incomplete’ or ‘inchoate’ crimes where that is not the case. The most commonly known are solicitation and attempt, but conspiracy is another of that type…. Read More »
Florida’s Domestic Violence Definition
Unlike in other states, which create a specific cause of action for ‘domestic violence’ or ‘intimate partner violence’ (IPV), Florida law does not recognize a criminal offense as one of domestic violence immediately – rather, a crime is specified as a domestic violence offense either at charging or sentencing. This can be a bit… Read More »
Being Charged With Federal Drug Crimes
Normally, if a person is charged with a drug-related crime in Florida, their case will be handled by state authorities. However, if the alleged offense satisfies certain criteria, it may wind up being tried at the federal level. There are some significant differences between being tried in state court versus federal court, and if… Read More »
Should I Plead ‘No Contest’ In A Domestic Violence Case?
Normally, when a person is accused of a crime, they have the option to either plead guilty or innocent to the charges. That said, there are a handful of other types of pleas that apply only rarely to criminal matters, but from time to time, will appear. One of those is pleading nolo contendere,… Read More »
Possessing Controlled Substances Without A Prescription Is A Crime
Several different controlled substances have legitimate medical uses, such as treating chronic pain, some types of post-traumatic stress disorder (PTSD), and conditions like Attention Deficit Hyperactivity Disorder (ADHD). However, a person must have a lawful prescription in order to use this kind of substance, even if an official diagnosis is on their medical records…. Read More »
How Does Domestic Violence Impact Florida Divorce?
Psychologists have defined a list of what they refer to as Adverse Childhood Experiences (ACEs), designed to help pinpoint warning signs for children who may have future mental health-related issues. Domestic violence in the home makes the list, as does divorce. While this does not mean that a couple should ‘stay together for the… Read More »
“Free Air Sniff” Helps Land Florida Woman Behind Bars
When a person is charged with a drug-related crime in Florida, one of the strongest ways to defend oneself is to question the legitimacy of any search and seizure performed by law enforcement. If evidence is obtained as a result of an illegal search, it cannot be used in court to argue guilt or… Read More »