Author Archives: Jay Butchko
What Happens If I’m Charged With Domestic Violence While on Parole?
A domestic violence allegation can have serious and immediate consequences if you are currently on probation or supervised release for a prior criminal offense. Federal and state law allows a court to revoke your probation if there is evidence you committed an act of domestic violence. And unlike a normal criminal trial, where the… Read More »
Florida Court Tosses Murder Conviction Over Lack of Miranda Warning
You probably know about the “Miranda warning.” Even if you don’t remember it from school, if you have ever seen a TV cop show, you understand that the police are not supposed to interrogate a criminal suspect until he or is she is advised of their rights to remain silent and have the assistance… Read More »
Fighting the Police Will Not Get You Out of a Domestic Violence Charge
Domestic violence situations often escalate quickly. If you find the police at your door because they suspect you have harmed a family member or loved one, the most critical thing to remember is to remain calm. While you have a constitutional right to remain silent and not answer the police’s questions, under no circumstances… Read More »
Can a Judge Revoke My Probation If I’m Accused of Domestic Violence?
Domestic violence charges can have a devastating effect on someone who is already serving a term of probation for a prior criminal offense. Probation is a privilege and not a right in Florida. And in most cases, a judge may revoke probation if there is evidence you committed another crime–such as domestic battery–without the… Read More »
Florida Clarifies Rights of Mortgage Holders in Bankruptcy
Although filing for Chapter 7 bankruptcy can eliminate most of your unsecured debts, it does not get you off the hook for any debts secured by property, such as your home mortgage. While filing for bankruptcy can delay a foreclosure, it cannot ultimately prevent the bank from taking your house if you are unable… Read More »
When Does Sexual Harassment Become a Crime in Florida?
The #MeToo movement, which gained prominence following a series of media reports last year about sexual harassment and misconduct in several high-profile workplaces, notably the entertainment industry, has created a clamor for new criminal laws to protect women and other victims from future abuses. Recently, Florida senators considered a proposal to criminalize sexual harassment… Read More »
What Is a Chapter 13 Confirmation Hearing?
In a Chapter 13 bankruptcy case, a debtor is required to submit a repayment plan to the court. But submitting the plan is only the first step. The debtor’s creditors, as well as the trustee overseeing the bankruptcy estate, have the right to review the proposed plan and note any exceptions or objections with… Read More »
The Importance of the Right to a Jury Trial in Domestic Violence Cases
If you are charged with a criminal offense arising from alleged acts of domestic violence, you have certain constitutional rights the courts must respect, such as the right to a jury trial. This may seem obvious enough. But keep in mind, a jury trial means the jury must hear and decide–beyond a reasonable doubt–that… Read More »
How Will Bankruptcy Affect My Credit Report?
A common question many people have about the bankruptcy process is the effect it will have on their credit report. The Bankruptcy Court itself has nothing to do with credit reports, which are maintained by private agencies. But federal law still governs how long these agencies can maintain a public record of your bankruptcy,… Read More »
Florida Supreme Court Says Victims of False Domestic Violence Claims Can Seek Attorney’s Fees
A false charge of domestic violence can have a devastating impact on the accused and their entire family. Domestic violence laws serve an important social function. Yet like any law they are susceptible to abuse. False domestic violence charges are often employed as a weapon to gain the upper hand in divorce or child… Read More »