Author Archives: Jay Butchko
Means Testing In Florida Bankruptcy
If you are contemplating filing for bankruptcy, you should be aware of the fact that not everyone qualifies. That’s right: federal law has created a means test that limits who can take advantage of such filings. For a Chapter 7 application, must have a lower income level than the median income of a similarly… Read More »
Florida Hate Crime Law
After Ahmaud Arbery was gunned down by Travis McMichael, McMichael and his cohorts in crime faced homicide charges. In this high-profile case, the guilty verdict in state court led to federal hate crime charges, where the three men were found guilty of engaging in the crime on the basis of Arbery’s race. What exactly… Read More »
Do Protective Orders Protect Women?
If you are a victim of stalking or domestic violence, what options do you have when it comes to living in safety? Do you have to go into hiding, or are there legal procedures that can provide the protection you need? Protective orders are available to individuals who have experienced violence. Just how effective… Read More »
Is The Death Penalty Appropriate In Florida?
If you are facing capital charges in the Sunshine state, you know that your life is literally on the line. The debate over whether a life sentence without parole is a better outcome than a state-sponsored execution for such convictions continues into 2022. A look at the arguments in favor of and against capital… Read More »
Bankruptcy Q & A
If debt collectors have been banging on your door and calling relentlessly, you may be in serious trouble with creditors. You’ve heard of bankruptcy, but don’t know much about it, and certainly never envisioned it as a step you’d be contemplating! But here you are. Maybe a short Q & A session will provide… Read More »
Intimate Partner Violence Against Men
When many people think about domestic violence (D.V.), they envision battered women abused by burly husbands. But the fact of the matter is that 25 percent of men suffer physical violence at the hands of their partners too. We don’t tend to hear about these cases much, partly because men are less likely to… Read More »
The Bankruptcy Statistics No One Talks About
If you are considering filing for bankruptcy, you may also be plagued with feelings of guilt and shame. Many individuals feel like failures when they get to this point financially, and worry that the taboo against fiscal breakdown will leave them judged harshly by family and friends. But perhaps there are some facts about… Read More »
Why It’s Wrong To Charge Juveniles In Adult Courts
The American criminal justice system has come a long way—although in some ways it seems to be taking a page from the past. There was a time that everyone was treated exactly the same by the system—regardless of gender, mental illness, or age. Anyone convicted of a crime was sent to the same place,… Read More »
What’s The Difference Between A Civil And A Criminal Case?
We hear about cases going to court all the time. The news is flush with stories about jurors deliberating the fates of defendants. But many people don’t really understand the difference between civil and criminal cases. Those differences are significant, and worth understanding. Legal Penalties Civil cases involve defendants who are accused of wrongdoing… Read More »
Understanding The Plea Bargain In Criminal Cases
If you are facing criminal charges, the prosecutor’s office may at some point be interested in a plea bargain. What do you need to know about the process, benefits, and pitfalls of accepting such a deal? Every offer is different, and the decision should be carefully weighed with the counsel of a trusted criminal… Read More »