Author Archives: Jay Butchko
What Happens If I Violate a Domestic Violence Injunction?
If you are currently subject to a court injunction related to stalking or domestic violence, you need to take the restrictions imposed by such order seriously. Violating an anti-stalking injunction is considered a felony in Florida. This means you may face serious jail time if you go against the judge’s instructions. Court Rejects Argument… Read More »
Dealing With a DUI During the Holidays
As the holidays approach, it’s worth noting that the rates of drinking and driving soar. According to the National Highway Traffic Safety Administration (NHTSA), 25 percent more highway deaths occur during this time of year, with New Year’s Eve topping out with a 30 percent increase in fatalities. About a quarter of those deaths… Read More »
What the Expiration of Florida’s Eviction and Foreclosure Moratorium Could Mean for You
Back in April, Florida Gov. Ron DeSantis issued an executive order imposing a statewide moratorium on evictions and foreclosures due to the ongoing COVID-19 pandemic. However, the governor allowed that moratorium to expire on September 30, 2020. In a statement, DeSantis said he wanted to avoid a potential conflict between his prior moratorium and… Read More »
Understanding How Florida Tax Certificates and Tax Deeds Work
If you own your home or other real estate in Florida, you know that you are required to property taxes each year. Property taxes are normally due on November 1. If they go unpaid, they are considered delinquent on April 1 of the following year. At that point, local tax collectors will conduct what… Read More »
Can I Get Rid of a Tax Debt in Bankruptcy If I’m Unable to Negotiate a Settlement with the IRS?
A common question many Florida debtors have is, “Can I eliminate income tax debt by filing for bankruptcy?” In some cases, it is in fact possible to obtain a bankruptcy discharge for such debt. But there are a number of conditions imposed by the federal Bankruptcy Code. For instance, the tax debt in question… Read More »
The Importance of Asserting Your Legal Rights in a Domestic Violence Injunction Proceeding
In Florida, a court may issue a domestic violence injunction upon the petition of a “family or household member” of the subject. Of course, the subject still has certain due process rights that must be observed. For instance, the subject is entitled to a hearing before the court issues any permanent injunction. Appeals Court… Read More »
Federal Appeals Court Ruling May Allow for Discharge of Some Types of Private Student Loans in Bankruptcy
Student loan debt presents a unique challenge if you are thinking about filing for bankruptcy. Most student loans are considered non-dischargeable in a Chapter 7 or Chapter 13 case. In other words, even if you successfully complete the bankruptcy process, you still have to pay back the student loans. The bankruptcy court can make… Read More »
Can a Judge Force You to Wear Restraints During Your Criminal Trial?
When facing criminal charges, you have a constitutional right to be present at your own trial. This right generally includes freedom from physical restraint during any trial proceedings before the jury. In other words, you cannot be handcuffed or shackled in the jury’s presence. The reason for this is obvious: Such an appearance would… Read More »
How Much Discretion Does a Police Officer Have When Executing a Search Warrant?
The Constitution protects your right to be free from unreasonable searches and seizures. Among other things, this means that the police cannot take a sample of your blood without either your consent or obtaining a search warrant. The warrant itself can only be issued if a judge finds there is “probable cause” to believe… Read More »
The Impact of Florida’s Statute of Limitations on Your Creditors
If you have a stack of unpaid bills, you may think that bankruptcy is your only legal option for getting out of debt. This is not always the case. Depending on how old your debts are, they may actually no longer be enforceable under Florida law. Like all states, Florida imposes a statute of… Read More »