Author Archives: Jay Butchko
The Role of Restitution in Florida Criminal Cases
In criminal cases, prosecutors may seek punishment beyond prison time. If there was an identifiable victim of the crime, the prosecution may also ask the judge to order the defendant pay restitution to that victim. In a theft case, for instance, the restitution order might require the defendant to compensate the victim for the… Read More »
Can You Challenge a Magistrate’s “Probable Cause” Finding on a Search Warrant?
Police normally need to obtain a warrant before searching any property that belongs to a criminal suspect, including samples taken of a suspect’s blood for chemical testing. A magistrate or judge must first determine whether the police have “probable cause” to believe the search will discover evidence of criminal activity. Probable cause is a… Read More »
How Equitable Division Works in a Contested Florida Divorce Case
When a divorce is contested–that is, the parties cannot agree on key issues like the division of property or alimony–Florida law requires a judge to make certain “factual findings” before resolving the dispute. First, the judge needs to identify and assign value to all marital and nonmarital assets (and liabilities) that belong to the… Read More »
How a Decision to Sever a Child-Parent Relationship Can Affect Your Child’s Inheritance Rights
Once paternity of a child is established under Florida law, the father cannot unilaterally sever the parent-child relationship. Instead, certain procedures must be followed. Even in cases where the biological father agrees to termination in order to permit a stepparent adoption, the original paternity relationship remains in effect until a court signs a final… Read More »
Can a Florida Court Impose a Lifetime Pet Ownership Ban Following an Animal Cruelty Conviction?
In 2018, outraged Florida residents successfully convinced the state legislature to stiffen penalties for individuals convicted of abusing animals. Known as “Ponce’s Law,” the legislation was named for a Labrador retriever puppy found beaten to death in Ponce Inlet. The animal’s owner was later charged with felony animal cruelty. Florida Appeals Court Addresses Namesake… Read More »
The Role of a Jury in Deciding a Mandatory Minimum Sentence
Many crimes carry increased penalties if certain “elements” are proven. For example, in a famous 2013 case that went all the way to the U.S. Supreme Court, a New Jersey defendant was found guilty of carrying a firearm while committing a violent crime. Under New Jersey law, the mandatory minimum sentence for this offense… Read More »
What to Know About Constructive Possession and A Tampa Drug Case
While some drug possession cases are more straightforward from a prosecutor’s perspective, others involve something known as constructive possession. Constructive possession charges occur when you don’t have any controlled substance physically on you or touching any part of your body. Active possession is when you are physically holding the controlled substance, or it’s in… Read More »
When Does Child Neglect Become a Crime in Tampa, Florida?
Some people mistakenly assume that child neglect is not on the same level as child abuse. However, child neglect is a form of child abuse. And, you could be facing criminal charges in some cases. If you are charged with child neglect in Florida, you need a skilled Tampa criminal attorney on your side…. Read More »
Essential Tips to Avoid a DUI Over the Holiday Season
The holiday season is nearly here, and it should be a joyous time spent with loved ones and close friends. Many holiday celebrations include copious amounts of food and drinks, leading to an increase in drunk drivers on the road. DUI arrests and tragic accidents are more common during the holidays, resulting in increased… Read More »
Reasons Your Florida Criminal Charges Could Be Dismissed
Being arrested and charged with a crime is one of the worst experiences anyone can have. However, there are some instances where you might be able to get your charges dismissed entirely. Dismissals often happen because your attorney raised the right defenses and filed the right motions. That is one reason why you want… Read More »
