Author Archives: Jay Butchko
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 »
Florida Prosecutors Take White Collar Crimes Seriously
White collar crimes are a serious matter. Federal prosecutors in Florida treat offenses like tax fraud, identity theft, and money laundering just as seriously as more conventional violent crimes. And if a white collar crime involves more than one person, whoever is charged as the “ringleader” may face enhanced penalties under federal sentencing guidelines…. Read More »
How Much Property Can I Keep If I File for Bankruptcy in Florida?
Many people worry that filing for bankruptcy will leave them with nothing. In fact, the purpose of bankruptcy is to protect people from losing everything. In a Chapter 7 bankruptcy case, for example, an individual debtor is entitled to keep a certain amount of property away from their creditors, both during and after the… Read More »
Protecting the Due Process Rights of Persons Accused of Domestic Violence
Domestic violence laws are designed to protect women, children, or anyone else suffering from the effects of abuse at the hands of a family or household member. A Florida court may issue a permanent injunction for protection against an individual when there is evidence presented of domestic abuse. But the law must also protect… Read More »
Shooting Raises Questions about Guns on College Campuses
The recent tragic shooting on an Oregon college campus is reigniting the debate over weapons and gun control laws. Lawmakers and citizens are discussing what level of government intervention is appropriate to prevent these types of mass shootings from occurring. The conversation has reached the state of Florida as legislators discuss whether students should… Read More »
New Legislation may Mean Changes for Private Student Loan Discharges
A new initiative by the Obama administration could ease the path to bankruptcy for borrowers of private student loans. As reported by Inside Higher Ed, the United States Department of Education (DOE) recently released information regarding the Student Aid Bill of Rights, a collection of proposals to help borrowers who are having trouble with… Read More »
Punishment Varies for a DUI Manslaughter Conviction
Though DUI manslaughter carries a minimum offense of four years within the state of Florida, a recent report by the Miami Herald examines the vast variations that often exist among sentences for this charge. Examples discussed in the article include: Kayla Mendoza is a 22-year-old who was sentenced to 24 years in prison for… Read More »
There is Rarely Any Student Loan Relief in Bankruptcy
Bankruptcy is often seen as a fresh financial start, providing individuals with a path out of debt and towards better money management habits. Each year, the U.S. Bankruptcy courts receive thousands of petitions from individuals hoping to discharge their debts and start anew. But some types of debt are so strong that they even… Read More »
Understanding a Criminal Mischief Charge
Criminal mischief laws make it a crime to cause willful and malicious damage to property. A criminal mischief charge in Florida is serious, possibly even rising to a felony level and imprisonment in some instances. If you are facing criminal mischief charges, it is vital to secure the services of a capable attorney, who… Read More »