Author Archives: Jay Butchko
Can a Court Issue a Domestic Violence Order Based on Something That Happened Four Years Ago?
A domestic violence injunction can seriously affect a person’s constitutional and other civil rights. Florida’s domestic violence law is broadly written to afford a maximum relief from an abusive spouse or intimate partner. But in their zeal to protect apparent victims, some judges are too quick to issue an injunction without properly considering the… Read More »
Can I Get in Trouble If I Lie to My Creditors?
A Chapter 7 bankruptcy is designed to give a debtor a fresh start by discharging any outstanding debts, such as civil judgments obtained by creditors. But there are limits to what a bankruptcy court can and will discharge. For instance, federal law prohibits a debtor from discharging a debt obtained through “false pretenses, a… Read More »
What Happens When Video Evidence Contradicts an Officer’s Testimony in a DUI Case?
Many Florida police departments are now equipping their officers with body cameras. These devices record encounters between police and individuals, such as during a traffic stop where the officer suspects a DUI. In addition to promoting police accountability, evidence obtained from cameras can be useful in corroborating or disproving an officer’s testimony in court…. Read More »
What Happens If I Convert a Chapter 13 Bankruptcy to Chapter 7?
In a Chapter 13 bankruptcy, a debtor submits a payment plan to the court. This plan ensures the debtor’s disposable income is used to pay back his or creditors as much as possible. But what if circumstances change and the debtor no longer has sufficient income to fulfill the payment plan? In such cases… Read More »
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 »