Author Archives: Jay Butchko
What Is Contempt Of Court Under Florida Law?
Contempt of court happens when a person refuses to obey any legal order or decree issued by any judge. For example, failure to appear at scheduled hearings, or failures to comply with terms of a court order can lead to a finding of contempt. Contempt, as defined under Florida law, is “a refusal to… Read More »
Self-Defense Arguments Under Florida Law
One important defense to a criminal charge in Florida can be self-defense. Self-defense is an affirmative defense that can be used to explain or negate the legal effect of some violent act toward another. By claiming self-defense, a person acknowledges that they committed some type of violent act toward the other person, but that… Read More »
What To Know About Probation And Violations Of Probation In Florida
A probation term involves specific responsibilities for those sentenced, including guidelines that must be followed in order to complete a sentence and avoid additional punishment. Probation violations in Florida can lead to serious penalties and lasting consequences for those that don’t follow the rules they’ve been given. Some consequences of probation violations can include… Read More »
What To Know About Restitution In Florida Criminal Cases
Sentencing in a criminal case is not only about potential jail time. It also involves terms of probation, orders to undergo counseling or other treatment, and payment of statutory fines and court costs. One other important factor for those convicted of a crime is restitution to victims. This is a separate category of punishment… Read More »
What To Know About Mandatory Minimum Sentences In Florida
Mandatory minimum sentences in Florida criminal cases include sentences with established timeframes that must be enforced when a defendant is convicted of certain crimes. Once convicted, there is usually no way to avoid the minimum sentence, aside from prosecutorial discretion or appealing the conviction. Historically, minimum sentences for certain crimes have been used in… Read More »
What To Know About Mitigating Factors In A Florida Criminal Case
There are times when a defendant will be found guilty at trial, or plead guilty to a charge as part of a plea agreement with the prosecution. Once this happens, the case will proceed to the sentencing phase. This part of the case is not an “open and shut” situation. In fact, there is… Read More »
Important Legal Terms To Know In Florida Criminal Cases
The Florida criminal justice system can be complex and confusing to those facing criminal charges. From start to finish, defendants face a maze of legal steps – and terminology – that can take some time to understand and use to their advantage. Some of the more important terms to know in the Florida court… Read More »
Understanding The Drug Court System In Florida
What is “Drug Court”? Drug courts are an alternative to the traditional criminal justice system, providing intensive treatment and intervention instead of imprisonment for certain drug crimes. Florida pioneered the drug court system in the 1980s to address underlying issues behind arrests due to substance abuse. There are now 93 drug courts in Florida,… Read More »
Is Interference With Child Custody A Crime In Florida?
Child custody is one of the most emotionally charged areas of law, due to the stakes involved for parents and their children. Both parents are generally entitled to spend certain periods of time with their children following a divorce or breakup, and this usually follows a court-ordered schedule. It is all too common, however,… Read More »
What To Know About The Appeals Process In Florida Criminal Cases
Hearing the word “Guilty” at the end of a trial is what every Florida criminal defendant fears. Months of anxiety and tension lead to a devastating verdict and likely jail time. The question, then, is what comes next for a person that feels they may be out of options. In criminal cases, a defendant… Read More »
