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Author Archives: Jay Butchko

Jail7

How Much Jail Time for Throwing a Brick Through a Window in Fort Myers?

By Foley & Wilson |

If you throw a brick through a window, you could face charges of criminal mischief, burglary, or “throwing a deadly missile.” All of these offenses can be felonies, and you may face years in prison if convicted. Speak with a Fort Myers criminal defense lawyer to plan out your defense strategy. Throwing a Brick… Read More »

Defense6

Penalties for 7-OH Possession in Florida

By Foley & Wilson |

7-hydroxymitragynine (7-OH) is a Schedule I drug in Florida, which means that you could easily face decades behind bars for possession. That said, Florida’s approach to 7-OH is poorly defined from a law enforcement perspective. A mad rush to criminalize the drug under a state emergency rule in 2025 has left many defendants guessing,… Read More »

Jail6

Penalties for Tomb Raiding in Florida

By Foley & Wilson |

Under Florida Statute 872.02, “tomb raiding” is a second-degree felony with a maximum prison sentence of 15 years. As long as you break into a tomb, coffin, crypt, niche, mausoleum, or any other related burial site, you could spend well over a decade in prison. If you face these charges, consider speaking with an… Read More »

FedCrime2

Why Do Federal Criminal Courts Offer No Parole in Florida?

By Foley & Wilson |

Federal criminal courts do not offer parole because it was abolished in 1984 with the Sentencing Reform Act. Lawmakers ended parole in the federal criminal justice system for various reasons, including sentencing disparities and a “tough on crime” outlook. Lawmakers also wanted to support the original decisions made by judges. If you face federal… Read More »

JailCell

Fellow Inmate Testifying Against Me in Fort Myers: What Can I Do?

By Foley & Wilson |

If a fellow inmate is set to testify against you in Fort Myers, notify your lawyer and attempt to gather evidence that casts doubt on their reliability as a witness. Inmates often attempt to “snitch” on defendants in an effort to reduce their own sentences, and this testimony is often completely fabricated. Contact a… Read More »

CrimLaw__

Open-Source Satellite Imagery: Valuable Evidence in Your Fort Myers Criminal Case?

By Foley & Wilson |

If a defendant needs to establish an alibi or anything else of importance during a Fort Myers criminal case, satellite imagery can be surprisingly useful. In the modern era, there is always something watching, and it is easier than ever to access satellite imagery without excessive barriers from government or law enforcement agencies. What… Read More »

DUI_Arrests

Overlooked Evidence When Defending Against DUIs in Fort Myers

By Foley & Wilson |

Overlooked evidence in a Fort Myers DUI case may include unauthorized repair logs of Breathalyzer devices, medical records, and the physical distance between a key fob and the ignition. If standard defense strategies do not seem applicable to your case, you might want to explore some of these more obscure forms of evidence with… Read More »

DefenseLaw3

Stealing High-Value Collectibles in Florida: What Are My Penalties?

By Foley & Wilson |

Someone with an extremely high-value collection may be a prime target for theft in Florida. After all, a piece of fine art or a collectible trading card can be worth hundreds of thousands of dollars to the right buyer. What happens if you were caught trying to steal one of these items? What kinds… Read More »

QuestionPuzzle

I Almost Got Into a Fight, But My Friends Held Me Back: Does This Count as Assault?

By Foley & Wilson |

Suppose your friends held you back and prevented you from engaging in a physical altercation. Could you still face criminal charges for assault in Fort Myers? The answer to this question may depend on the unique circumstances of your situation. You may want to discuss your next steps alongside an experienced criminal defense lawyer…. Read More »

Violation

Florida Creates Felony Penalties for Second Restraining Order Violations

By Foley & Wilson |

On July 1st, 2026, upgraded sentences will apply to those who violate domestic violence restraining orders (DVROs) for a second time. The standard penalty for a second-time DVRO violation will become a third-degree felony, and this is a major step up from the previous first-degree misdemeanor penalty. If you face felony consequences for violating… Read More »