Author Archives: Jay Butchko
Blood Tests After a Virginia DUI Arrest and How the Results Can Be Challenged
A blood test can become one of the most important pieces of evidence in a Virginia DUI prosecution. Unlike a roadside observation or field sobriety exercise, a laboratory report gives the prosecution a number that can appear precise and difficult to dispute. Blood testing is also frequently used when police suspect drug impairment, when… Read More »
Fentanyl Cases and the Increased Stakes of Virginia Drug Prosecutions
Fentanyl cases carry a different level of urgency from many other drug prosecutions. The substance is exceptionally potent, frequently appears in counterfeit pills or mixtures with other drugs, and has become a major focus of law enforcement. A relatively small amount can lead to a felony prosecution, while allegations involving distribution can expose someone… Read More »
When Drug Quantity Becomes Evidence of Intent to Distribute in Virginia
Being found with an illegal drug can lead to a serious criminal charge in Virginia. The situation changes considerably when police and prosecutors believe the amount involved points to something beyond personal use. A possession case can become a possession-with-intent-to-distribute prosecution, exposing the accused to much more severe penalties. That distinction often turns on… Read More »
When Police Can Search a Vehicle Without a Warrant in Virginia
A traffic stop can change quickly. What begins with a question about speeding, a broken taillight, or another traffic violation can end with an officer asking everyone to step out of the vehicle and beginning a search. For the driver, the sudden shift can make it difficult to know whether the search is lawful… Read More »
How To Start the Co-Parenting Year Off Right
Co-parenting looks nothing like it did a generation ago. Where courts once awarded mothers near-automatic custody, Virginia law now expects both parents to share meaningfully in raising their children — and expects them to do it well. Two generations ago, courts applied the “tender years doctrine” in most cases, and mothers almost always received… Read More »
When Can I Be Pulled Over for DUI?
Warmer weather usually means more DUIs. The three major summer holidays (Memorial Day, Independence Day, and Labor Day) are all closely associated with drinking and driving. In between these holidays, alcohol often flows at summer parties. Fortunately, police officers cannot rely on the thermometer and their own “gut feelings” when they pull people over… Read More »
Proof Issues in Criminal Possession Cases
Usually, proximity and possession are the same thing, for arrest purposes. That’s because the arrest standard of proof (probable cause) is much lower than the criminal trial standard of proof (beyond any reasonable doubt). The higher standard of proof makes a big difference at drug possession and other illegal possession trials in Loudoun County…. Read More »
What Does it Mean if Someone is a Whistleblower?
Whistleblower employees report illegal, unethical, or fraudulent activities within an organization that could harm employees, customers, the government, or the public. In this context, an “employee” is usually a regular, W-2 employee. Independent contractors and unpaid volunteers could also be employees in some cases. That’s especially true if these individuals seek protection under Virginia’s… Read More »
Granting Money from a U.S. Charity or Church to a Foreign Individual or NGO: Substantial Risks and Best Practices
By H. Robert Showers, Esq. and Justin R. Coleman, Esq. Updated 2026 Churches and nonprofit organizations often carry out their charitable and religious missions beyond the United States by supporting missionaries, global workers, foreign ministry partners, and non-governmental organizations (NGOs). While these endeavors are exciting, they unfortunately can be complicated and risky. One of… Read More »
What are the Different Types of Motorcycle Crashes?
Three types of accidents, which are outlined below, account for most of the motorcycle crashes in Loudoun County. Typically, these crashes aren’t accidents. People accidentally leave the water running. They don’t accidentally drive carelessly and sideswipe motorcycles or drive drunk and cause left-turn motorcycle crashes. If negligence, or a lack of care, substantially causes… Read More »
