Author Archives: Jay Butchko
When Can A Judge Modify A Parent’s Child Visitation Schedule?
When minor children are involved in a divorce, the role of the court is to determine “all matters relating to parenting and time-sharing.” In other words, the judge must decide issues related to custody, visitation, and so forth based on what is in the “best interests of the child” and not necessarily what is… Read More »
Why You Need To Carefully Understand The Conditions Of Criminal Probation
Criminal sentences often contain a number of terms and conditions that the defendant must strictly follow while on parole or “supervised release.” If there are any questions or concerns about these conditions, they need to be addressed upfront. In too many cases, a defendant only learns after-the-fact that prosecutors and probation officers have fairly… Read More »
How Selling Drugs Near A School Or Licensed Childcare Facility Can Affect A Criminal Prosecution
So-called “drug free zone” laws impose additional penalties on persons convicted of possessing or distributing controlled substances within a certain designated area. Typically, drug free zones are designed around schools, daycare facilities, or other buildings were children are normally present. This means that if the police arrest you with drugs near one of these… Read More »
Does The Prosecution Have To Disclose Their Witness List To The Defense Before Trial?
In a Florida criminal trial, the prosecution is not allowed to ambush the defense with “surprise” witnesses. To the contrary, the state’s criminal procedure rules require prosecutors to disclose the names of any witnesses they plan to call at trial. This includes identifying any “expert” witnesses who may be used to explain certain technical… Read More »
Does A Jury Have To Make All Of The Factual Findings In A Criminal Case?
The right to a jury trial in criminal cases includes the right to have that jury determine all factual issues related to the elements of the crime. In a 2013 decision, Alleyne v. United States, the U.S. Supreme Court made it clear that this includes “any fact that increases the mandatory minimum” sentence for… Read More »
Can A Florida Judge Alter An Award Of “Permanent” Alimony After A Divorce?
Florida law provides for several different types of alimony. Permanent alimony is appropriate when one spouse “lacks the financial ability to meet his or her needs and necessities of life” following a divorce. Alternatively, a court may award durational alimony if permanent alimony is “inappropriate” but ongoing financial support is still necessary for a… Read More »
Does A Judge Have To Provide “Specific Steps” For You To Regain Time With Your Child?
Florida courts resolve child custody disputes by approving a document known as a “parenting plan,” which among other things spells out a “time-sharing schedule” for each parent to follow with respect to their child. Although parents are free to negotiate their own parenting plan, the final decision rests with the court, which is legally… Read More »
When Does A Mistrial Lead To A “Double Jeopardy” Situation?
The phrase double jeopardy refers to the constitutional prohibition on trying a person twice for the same crime. Basically, if you are found not guilty by a jury, the state cannot re-try you on the same charge hoping to get a different verdict. However, if a trial ends without a jury verdict–i.e., there is… Read More »
Can The State Subpoena My Medical Records Following A Car Accident?
Federal law guarantees the privacy of a person’s healthcare records. But even medical privacy may be forced to yield to the demands of law enforcement. For example, if the police have grounds to suspect you have committed a crime, they may subpoena healthcare records that are reasonably related to their investigation. This issue frequently… Read More »
When Can A Florida Judge Impose Additional Costs As Part Of A Criminal Sentence?
A criminal conviction often means more than just potential jail time or probation. Many offenses also carry certain fines and additional court costs that must be paid as part of your sentence. These costs can quickly add up for defendants with limited financial resources, so it is crucial they not be assessed arbitrarily or… Read More »
