Author Archives: Jay Butchko
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 »
Can My Spouse Seek a Domestic Violence Injunction Because We Had a Verbal Argument?
Domestic violence laws are designed to protect individuals from the threat of “imminent danger” to their physical safety. It is not a mechanism for parties to resolve their relationship disputes. In other words, just because you and your partner get into an argument or your relationship is breaking down, that does entitle you to… Read More »
3 Things You Need to Know About #MeToo and Sex Crimes
In a previous post, we discussed how the #MeToo movement has led to a renewed focus on the legal issues surrounding sexual harassment. But we should not forget that #MeToo has also led to criminal charges. For example, a New York State grand jury indicted Harvey Weinstein–the disgraced movie producer whose alleged transgressions sparked… Read More »
What Actions Constitute “Repeat Violence” Under Florida Law?
Florida law permits victims of repeated acts of domestic violence to seek a permanent protective order against the perpetrator. There are very specific requirements for such an order, however. The law defines repeat violence to mean “two incidents of violence or stalking” committed against the accuser or their immediate family by the same individual… Read More »
Can I Sue Someone Who Falsely Accuses Me of Domestic Violence?
There are multiple reasons why someone might file a false domestic violence report. For example, in the midst of a hotly contested divorce or child custody battle, one parent might think they can gain the “upper hand” by accusing the other of abuse. Or perhaps one partner is an undocumented immigrant and the other… Read More »
Can a Police Officer Tell the Jury I’m Lying Based on My Body Language?
In many Florida criminal cases, a police officer serves as a key witness for the prosecution. There’s good reason for this. Prosecutors know jurors are often deferential to the testimony of a police officer, which makes a conviction more likely. But it is important to remember that the police are not infallible. Nor are… Read More »
Can an Out-of-State Domestic Violence Order Affect My Florida Parental Rights?
Child custody disputes often turn nasty in Florida. In many cases, one parent will accuse the other of domestic violence in order to try and gain the upper hand in a custody battle. There’s a good reason to employ such tactics: Because they work. Florida law generally presumes that both parents should share custody… Read More »
What Happens If I’m Charged With Domestic Violence While on Parole?
A domestic violence allegation can have serious and immediate consequences if you are currently on probation or supervised release for a prior criminal offense. Federal and state law allows a court to revoke your probation if there is evidence you committed an act of domestic violence. And unlike a normal criminal trial, where the… Read More »
Florida Court Tosses Murder Conviction Over Lack of Miranda Warning
You probably know about the “Miranda warning.” Even if you don’t remember it from school, if you have ever seen a TV cop show, you understand that the police are not supposed to interrogate a criminal suspect until he or is she is advised of their rights to remain silent and have the assistance… Read More »