Author Archives: Jay Butchko
Is It Domestic Violence If My Brother Steals My Cat?
A domestic violence injunction is a specific kind of legal tool. It is designed by the Florida legislature to protect individuals who have already been the victims of violence, or who have “reasonable cause” to believe they are in “imminent danger” of such violence. It is not, however, something to be deployed against a… Read More »
Domestic Violence Accusations and Child Custody Battles
It is not uncommon for one parent, locked in the heat of a child custody battle, to accuse the other parent of domestic violence. That is why there are laws and procedures in place to adjudicate such allegations. Unfortunately, there are cases where the accusing parent may not accept the court’s decision and attempts… Read More »
How a Domestic Violence Arrest Can Affect Your Probation–Even Decades Later
A domestic violence arrest can have serious ramifications if you are already serving probation for a prior criminal offense. Indeed, if convicted, a domestic violence charge can provide sufficient grounds for a judge to revoke your parole and send you to jail. And Florida prosecutors are always quick to jump on any chance to… Read More »
Florida Supreme Court Rejected Challenge to Ex-Florida A&M Band Member’s Manslaughter, Hazing Convictions
Manslaughter is a state crime defined as the “killing of a human being … without lawful justification,” under circumstances that do not otherwise qualify as murder or justifiable homicide. In simple terms, manslaughter is an unlawful killing that is not premeditated. So even in cases where a defendant is simply negligent or reckless, they… Read More »
Can the Police Force You to Unlock Your Smartphone?
These days, most of us keep our entire lives on our smartphones. But this also means our phones present a tempting target for law enforcement officers conducting criminal investigations. In recent years, a number of courts have had to confront the issue of whether or not the government can force a person to provide… Read More »
Can I Lose My Right to Own a Firearm Over a Misdemeanor Domestic Violence Charge?
If you are charged with domestic violence, you might think pleading guilty to a misdemeanor will make things easier for you. But in many cases just the opposite is true. Even a misdemeanor conviction can affect your civil rights in critical ways–and possibly lead to additional criminal charges down the line. Judge: “Civil Rights… Read More »
How Mental Illness Can Affect Domestic Violence
There’s a common misconception that domestic violence is always the product of an inherently abusive person determined to control the victim at all costs. In fact, many people accused of domestic violence are suffering from a mental health disorder that may affect their ability to properly socialize with others. This does not excuse abusive… Read More »
How Florida Prosecutors Pile On Charges for “Drug Trafficking”
When it comes to drug crimes, Florida prosecutors love to pile on the charges. After all, why charge a defendant with simple possession when you can also accuse them of drug trafficking? For that matter, why not also charge them with using their car in service of drug trafficking? In fact, Florida law defines… Read More »
How Speaking to the Police Can Land You a 30-Year Prison Sentence
It’s one thing for local cops in Miami to arrest you for simple possession of marijuana. It’s quite another when the DEA accuses you of participating in a drug trafficking conspiracy. Federal drug charges can land you in prison for years–if not decades–on a variety of charges beyond mere possession. Feds Bust Little Havana… Read More »
Can a Judge Revoke My Probation for a Domestic Violence Allegation Even if the Accuser Recants?
A domestic violence charge can wreak havoc with your life, especially if you are currently on probation for a prior criminal conviction. Judges can–and will–revoke probation if there is evidence to support a domestic violence allegation. And unlike a normal criminal trial where the government must prove guilt “beyond a reasonable doubt,” in a… Read More »