Author Archives: Jay Butchko
Even in Juvenile Cases, the State Must Prove Guilt “Beyond a Reasonable Doubt”
Juvenile crimes may not carry the same penalties as adult criminal charges. But they can still leave your teenage son or daughter with a record that can follow them into their adult years. That is why it is critical to ensure no child is adjudicated delinquent unless the state can meet its burden of… Read More »
Can a Judge Impose a Sentence Without Allowing Me to Present Evidence First?
When charged with any state crime, you have certain basic constitutional rights. This includes the right to be present during all “critical stages” of your trial, from arraignment to sentencing. Indeed, not only do you have the right to be physically present in the courtroom–you also have the right to meaningfully participate in what… Read More »
How a “No-Contest” Plea Can Come Back to Haunt You
Although the federal government and the State of Florida maintain separate criminal justice systems, what happens to a defendant in one can affect their rights in the other. For example, under a federal criminal statute known as the Armed Career Criminal Act, a defendant faces additional penalties at sentencing if they have three or… Read More »
Is a Judge Required to Accept an Uncontested Allegation of Domestic Violence at Face Value?
A domestic violence is not something you can simply ignore. If your spouse, partner, or another family member asks a judge to issue an order of protection against you due to domestic violence, you must be prepared to show up in court and defend yourself. Doing nothing may lead the court to take the… Read More »
Does “Dating Violence” Require Actual Dating?
Florida’s domestic violence laws cover more than married partners or individuals who are living in the same household. A judge may also issue a domestic violence injunction where there is evidence of “dating violence,” or “violence between individuals have or have had a continuing and significant relationship of a romantic or intimate nature.” In… Read More »
Is Workplace Sexual Harassment the Same Thing as “Stalking”?
If someone feels threatened by you, they may ask a judge to issue an injunction “for protection against stalking.” In this context, “stalking” means that a person “willfully, maliciously, and repeatedly follows, harasses, or cyberstalks” another person. If the court determines that stalking has occurred within these parameters, the judge can issue a temporary… Read More »
How Specific Details Can Affect Federal Criminal Sentencing
Details matter when it comes to criminal offenses. Something that might seem insignificant to the casual observer can actually have a significant impact on a person’s criminal liability or the sentence they receive from a judge. And even where the law might seem ambiguous on a given detail, judges often give prosecutors the benefit… Read More »
What “Changes in Circumstances” Justify Ending a Domestic Violence Injunction?
When a Florida court issues a “permanent” domestic violence injunction, that does not mean the order can never be changed or revoked. To the contrary, Florida law expressly allows either party to the injunction–i.e., the subject or the person who asked for it in the first place–to ask the court to modify or dissolve… Read More »
What Qualifies as “Cyberstalking” in Florida for Purposes of a Domestic Violence Injunction?
Cyberstalking has become a major concern in recent years. Thanks to ubiquitous social media technology, it is far too easy for someone with hostile intentions to track a person’s movements and use electronic means to harass or frighten them. At the same time, it is critical to understand that not every use of technology… Read More »
When Does “Double Jeopardy” Bar Multiple Convictions for the Same Actions?
In criminal law, there is a constitutional rule against “double jeopardy.” As expressed in the Fifth Amendment to the U.S. Constitution, this rule states no person may be “subject for the same offence to be twice put in jeopardy of life or limb.” Of course, there are some important caveats to this rule. First,… Read More »