Author Archives: Jay Butchko
Florida Supreme Court Strikes Down Mandatory Life Sentences for Teenage Offenders
Most juvenile crimes in Florida are handled outside of the normal court system. This affords teenagers charged with an offense the opportunity for rehabilitation. But in severe cases such as murder, even a teenager can be tried, convicted, and sentenced as an adult. In recent years, this has led the U.S. and Florida supreme… Read More »
Can Debt Collectors Use Bankruptcy to Collect Older Debts?
In a Chapter 13 bankruptcy, a debtor agrees to pay back some of his or her debts under a plan approved by the bankruptcy trustee and the court. This plan assumes the debts are valid. But in recent years, third-party debt collectors have aggressively used the bankruptcy code to try and receive payment for… Read More »
The Consequences of a False Domestic Violence Charge
Domestic violence laws exist to protect individuals from physical abuse by a spouse or partner. Unfortunately, many people use domestic violence laws to commit what amounts to court-ordered abuse against their ex-partner. Men are frequently the victims of this type of attack, as some women choose to make false domestic violence allegations in order… Read More »
Can Bankruptcy Eliminate My Tax Debt?
Bankruptcy allows debtors to reorganize or discharge most of their debts. For many unsecured debts, like credit card bills, a Chapter 7 bankruptcy can wipe out the debt entirely. But not all debts are treated the same under the Bankruptcy Code. For example, while you may be able to discharge some tax debt through… Read More »
Can You Be Denied an Attorney in a Florida Criminal Case?
If you are facing jail time for a criminal offense, you might just assume you have the right to the assistance of a criminal defense lawyer. After all, doesn’t the Constitution protect the right to counsel? It turns out the answer is, “Not in all cases.” The Florida Supreme Court recently addressed the right… Read More »
When Should I Consider Filing for Bankruptcy?
Credit card debt is a fact of life for many of us. And if you are behind on your bills and have started receiving letters from debt collectors demanding immediate payment, you might wonder if filing for Chapter 7 or Chapter 13 bankruptcy is the right move. While bankruptcy does afford many debtors a… Read More »
Julia Kefalinos in the Miami Herald on Sunday– “Squad C: The untold story of the criminal investigation into Miami-Dade narcotics detectives”
By David Ovalle April 1, 2016 In what seemed a routine and unremarkable case, a squad of Miami-Dade narcotics detectives busted a drug dealer holed up in a shabby Homestead motel, seizing more than $16,000 in cash and two pounds of marijuana stuffed in a red gym bag. What the squad didn’t know: that… Read More »
For-Profit Colleges Often Lead to Major Student Loan Debt
Student loan debt is a major problem for many Florida college students. Student loan debt can be especially worrisome if you are a student of a private, for-profit college. Many Florida residents turn to for-profit schools because they are unable to obtain postsecondary or vocational education through more traditional colleges. But for-profit schools often… Read More »
Domestic Violence Charges No Excuse for Taking Judicial Shortcuts
If you have been accused of domestic violence, you have the same rights as anyone else accused of a crime. It is not enough for an accuser to present unsubstantiated allegations. Before granting a domestic violence protection order, a judge must determine there is “competent, substantial evidence” supporting the accusation. You also have a… Read More »
How an Automatic Stay Protects Debtors in Bankruptcy Cases
An “AUTOMATIC STAY” or freeze on all collection activity is triggered the moment you or your business files a petition for bankruptcy. This is a court order for ALL creditors, or their representatives to immediately cease collection activities. If they fail to do so they must explain why they violated the automatic stay to… Read More »