Author Archives: Jay Butchko
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 »
The Consequences of a Felony Welfare Fraud Conviction
The phrase “convicted felon” probably conjures up an image of someone charged with murder, rape, or drug trafficking. But there are many non-violent crimes that also qualify as felonies under Florida state law. For example, many types of fraud are prosecuted as felonies. This includes individuals charged with fraudulently obtaining government benefits. Florida Appeals… Read More »
What Are My Debt Relief Options Following the Government Shutdown?
The recent partial federal government shutdown was the longest in U.S. history, and affected hundreds of thousands of workers. This includes not just direct employees of the federal government, but also individuals who work for government contractors, many of whom still have yet to receive back pay. For Florida workers living paycheck-to-paycheck, this means… Read More »
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 »