Author Archives: Jay Butchko
Why To Consider Mediation For A Divorce
Did you know that you don’t actually have to go to court in order to get a divorce? Most people mistakenly believe that divorce has to be a long, arduous, and expensive legal process. And it certainly can be. However, that does not always have to be the case. In fact, you really can… Read More »
Watch Out For Summertime DUIs
For many people, summer is one of the best times of the year. Most people find a little more time to relax and socialize over the summer while they enjoy the warmer weather. However, summer also comes with some added risks, one of which is drunk driving. Summer is one of the most dangerous… Read More »
Can The Police Order You Out Of Your Car During A Traffic Stop?
It is not uncommon for a traffic stop to turn into an investigation of some other potential crime, such as drunk driving or drug possession. But the police cannot prolong a traffic stop based on mere suspicion of other criminal activity. Indeed, the United States Supreme Court has made it clear that a police… Read More »
How “Lesser Included” Offenses Can Affect A Florida Drug Case
In many criminal cases, a defendant may be convicted of a “lesser included” offense. For example, if a person is charged with possession of drugs with intent to distribute, a lesser included offense would be simple possession. If the jury is instructed on the lesser offense, it could elect to convict the defendant of… Read More »
What Are The Differences Between Federal And State Criminal Trials In Florida?
Most criminal cases are tried at the state level. This means if you are charged with a crime, your case will most likely be heard in a Florida state court. But there are certain criminal cases that must be tried in federal court instead. So what are the differences? Who Has Jurisdiction? Any court… Read More »
How Failing To Stop And Render Aid Following A Car Accident Can Lead To Felony Charges
It is common practice following a minor auto accident to stop and exchange license and registration information with the other driver. Indeed, this is more than a mere courtesy. Florida law requires a driver involved in a crash to take such actions when there is personal injury or property damage arising from an accident…. Read More »
Can A Florida Court Award Alimony And Child Support In One “Lump Sum”?
While a divorce case is pending, a Florida court may order one spouse to pay temporary alimony to the other spouse. As the name implies, temporary alimony is meant to help the recipient pay for their immediate living and legal expenses until the divorce becomes final. Temporary alimony is not automatically awarded. Rather, the… Read More »
The Dangers Of Talking To The Police In A Non-Custodial Situation
When it comes to a police investigation, there is really no such thing as a “casual” conversation. If a police officer is talking to you about a possible crime, you should always assume that you are a suspect. Your best bet is to say nothing and, if you are arrested, to contact a lawyer… Read More »
How Changes In Federal Law Can Mean Lower Prison Terms For “Crack Cocaine” Defendants
Before 2010, there was a significant disparity in how different types of cocaine-related drug crimes were sentenced in the federal court system. Basically, a person caught with crack cocaine faced the same sentence as if they possessed 100 times the amount of powder cocaine. This meant, for instance, that a defendant faced a sentence… Read More »
How Spending During A Divorce Can Affect The “Equitable Distribution” Of Marital Property
Florida follows the principle of “equitable distribution” in divorce cases. While this does not necessarily mandate an “equal” distribution of marital property, it does require the court to determine what is “just and equitable under the circumstances.” For example, if one spouse is found to “dissipate” marital assets–i.e., intentionally waste jointly owned property on… Read More »
