Author Archives: Jay Butchko
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 »
What Happens If I Sell Firearms Without A License?
The Second Amendment may guarantee your constitutional right to keep and bear arms. But that does not mean you have an unrestricted freedom to purchase or sell such weapons within the state of Florida. Indeed, there are a number of federal and state laws designed to carefully regulate the marketplace for weapons–and if you… Read More »
Can Police Post Signs On Your Lawn Telling Children To Stay Away?
A sex crimes conviction can quite literally follow you for life. This is because even after you serve any prison sentence or term of probation, the government can force you to register as a “sex offender,” often for the rest of your life. Some Florida municipalities may even restrict where a registered sex offender… Read More »
