Author Archives: Jay Butchko
What Happens When a Court Does Not Give a Defendant a “Speedy” Trial?
If you are charged with a felony or misdemeanor and awaiting trial, you understandably want your case resolved as quickly as possible. Indeed, the Sixth Amendment to the United States Constitution guarantees all criminal defendants the right to a “speedy” trial. But what exactly does “speedy” mean? Miami Man’s Conviction Reversed Due to Yearlong… Read More »
How Does a Divorce Settlement Affect a Chapter 13 Bankruptcy?
In a divorce, the parties reach an agreement on how to divide any property held or acquired by the marriage. Once approved by a Florida court, this agreement forms a binding contract. But what happens when one of the former spouses files for Chapter 13 bankruptcy? Does bankruptcy affect the other spouse’s rights under… Read More »
How Chapter 13 Bankruptcy Can Help You Keep Your Home
If you have fallen behind on your mortgage payments, filing for Chapter 13 bankruptcy may help you keep your home. When you file for bankruptcy, the court issues an automatic stay that immediately stops any pending foreclosure action. Chapter 13 then allows you to “reorganize” your debts and work out a payment plan with… Read More »
What Justifies a Police Officer’s Suspicion of Drunk Driving?
A legal question that often arises in Florida DUI cases is whether a police officer had “probable cause” to stop a driver. The police cannot simply pull over someone because they have a hunch the driver is drunk. There must be some factual basis for the stop, such as the officer observing the driver… Read More »
Does Chapter 7 Bankruptcy Stop the Bank From Taking My House?
Many Florida homeowners are faced with an “underwater” mortgage—that is, the value of their property is less than what they owe to their lender. If you have an underwater mortgage and file for Chapter 7 bankruptcy protection, an underwater mortgage can protect your house from being sold as part of a liquidation proceeding. But… Read More »
Can the Police Enter My Home If I’m Accused of Domestic Violence?
If you are accused of domestic violence or under suspicion for any other state crime, how you deal with the police is critical. Remember, you have a constitutional right not to speak or be compelled to incriminate yourself. The police may also not conduct an “unreasonable” search of your home, car, or other property… Read More »
Can “Uncivil” Text Messages Justify a Domestic Violence Injunction?
A domestic violence injunction is supposed to protect someone from the threat of imminent harm. It is not a weapon to be wielded because there was a disagreement or someone made a rash statement. A person may be falsely accused of domestic violence based solely on the accuser’s subjective belief that he or she… Read More »
Can the State Harass Me Over Child Support Payments After a Chapter 13 Bankruptcy?
Filing for bankruptcy automatically stops—or stays—most efforts to collect debts that you owe pending resolution of your case. But there are several exception to this automatic stay rule. For example, a bankruptcy petition will not stop efforts to collect or enforce child support payments. In fact, since any property that you acquire after filing… Read More »
Even Florida Sex Crimes Must Be Proved “Beyond a Reasonable Doubt”
Sex crimes are a serious matter in Florida. Even something as simple as the uninvited touching of another person can brand a person as a felon and a sex offender for life. That is why it is important to take any Florida sex crimes charge seriously and to zealously assert your right to due… Read More »
Can My Mortgage Lender Continue to Harass Me After Bankruptcy?
Bankruptcy is designed to provide a “fresh start” to Florida residents who are drowning in debt. After completing the Chapter 7 bankruptcy process, for example, the court typically issues a discharge that prevents a person’s creditors from taking any further efforts to collect an outstanding debt. But some creditors may ignore or otherwise attempt… Read More »