Author Archives: Jay Butchko
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 »
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 »