Author Archives: Jay Butchko
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 »
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 »