Author Archives: Jay Butchko
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 »
Florida Appeals Court Dissolves 22-Year-Old Domestic Violence Injunction
Domestic violence allegations are often raised in divorce proceedings. Keep in mind, abuse need not be proven to actually obtain a divorce. Florida allows a court to grant a “no-fault” divorce based upon irreconcilable differences. So it is not necessary to prove either spouse did anything wrong. Still, evidence of domestic violence may affect… Read More »
How The “Good Faith” Exception Protects Even Bad Search Warrants
The Fourth Amendment normally requires the police to obtain a warrant before searching private property. Evidence obtained in violation of this requirement is inadmissible in court as evidence against a criminal defendant. Of course, there are a number of exceptions to this general rule. One of them is known as the “good faith” exception…. Read More »
The Importance Of Venue In A Florida Criminal Trial
In a criminal trial, the venue refers to the geographic place where the matter is actually heard by the court. For state crimes, venue is typically vested with the circuit court where the alleged criminal act occurred. Similarly, federal crimes in Florida are tried in one of three district courts, representing the Northern, Middle,… Read More »
The Government’s Burden Of Proof At Criminal Sentencing
In federal criminal cases, a judge will consult a set of non-binding rules called the Federal Sentencing Guidelines when assessing a convicted defendant’s punishment. The guidelines are no longer mandatory following a 2005 United States Supreme Court ruling, but judges must still consider the recommended penalty range from the guidelines when crafting a particular… Read More »
Can My Ex Still Inherit Under My Will?
Here is a hypothetical situation: Jessica divorced her spouse 10 years ago. But one day, as she is going through some of her files, she comes across her will. She never updated the document following her divorce, and it still names her ex-spouse as the executor and primary beneficiary of her estate. Panicked, Jessica… Read More »
Florida Appeals Court Orders New Trial After Trial Counsel Failed To Strike Biased Juror
The right to a jury trial requires that the individual jurors are themselves impartial. In this context, impartiality means the jurors do not rely on any preconceptions about the defendant’s guilt or innocence before hearing the evidence. It also means that jurors will not infer guilt based on improper considerations, such as a defendant’s… Read More »
Can The State Object To The Appointment Of Post-Conviction Counsel?
When a person is convicted of a crime in Florida state court, they have the right to file at least one appeal. After exhausting all possible state appeals, a person may then pursue what is known as a federal habeas corpus review. Habeas corpus refers to the inherent authority of federal courts to review… Read More »
What Is Considered “Cyberstalking” In Florida?
Most of us have seen–or dealt with–abusive behavior online at one time or another. In some cases such behavior may rise to the level of cyberstalking. This is not simply a term of art. Florida law specifically recognizes cyberstalking as a criminal offense. And individuals who have been targeted by such behavior may seek… Read More »
