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Author Archives: Jay Butchko

CrimJustice

Building a Successful Defense in an Assault Case

By Simms Showers LLP |

Ultimately, a successful defense in an assault or any other case must create a reasonable doubt as to the evidence. A criminal case doesn’t decide if the defendant “did it” or not. Rather, the outcome of a criminal case hinges on what the state can prove. The less evidence prosecutors have, and the stronger… Read More »

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Arrested13

Cops Offer Cash Reward for Suspect’s Capture

By Simms Showers LLP |

Investigators are looking for a man wanted in connection with a November 2023 shooting, and they’re offering $5,000 for information that leads to his arrest and conviction. Officers say a 26-year-old Big Stone Gap man was shot and killed around 8:40 p.m. on November 14 in the 3700 block of Wharf Lane. The primary… Read More »

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CrimLaw10

Defending Aggravated Assault Charges in Loudoun County: A Primer

By Simms Showers LLP |

The aggravated assault arrest rate bottomed out in 2014. Since then, it’s increased almost every year. Now, law enforcement investigators aggressively pursue cases that, ten years ago, they considered civil matters and dropped. An often over-aggressive investigation usually means additional procedural defenses when the case goes to court. More on that below. Fortunately, when… Read More »

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HateCrime

Lawmakers Mull Expanded Hate Crimes Law

By Simms Showers LLP |

Because of an increase in anti-Muslim and anti-Semetic incidents, Dan Helmer (D-Fairfax) wants to extend hate crimes law coverage to include ethnicity. Helmer’s bill would offer protection for Jewish people who may not identify with the religion, but whose heritage is connected to the culture. “My sons, like many other children, have faced antisemitism… Read More »

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CrimJustice2

Breaking Down Forfeiture Proceedings in Virginia

By Simms Showers LLP |

Depending on your perspective, civil forfeiture, which is covered in Section 18.2-46.3 of the Virginia Code, may be the most essential or most oppressive law enforcement tool in the state. Essentially, this provision allows law enforcement to seize and sell any property related to criminal activity, such as a bank account associated with money… Read More »

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DUIAccident

Should I Hire a DUI Lawyer?

By Simms Showers LLP |

Most people know the Miranda Rights line “You have the right to an attorney; if you cannot afford one, the court will appoint one for you.” Indeed , the Sixth Amendment guarantees the right to counsel in criminal cases. However, this provision in the Bill of Rights doesn’t guarantee a free lawyer. Most Loudoun… Read More »

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CrimDef7

Triple Shooting in Virginia Beach on Christmas Eve

By Simms Showers LLP |

An apparent shootout killed one person and wounded two others, and police have no leads or suspects. Shortly after midnight Sunday, the Virginia Beach Police Department (VBPD) responded to a report of shots fired in the area of Riverbend and Lakecrest roads. There, officers found two men who had been shot. One of them… Read More »

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Ticket

Top Five Non-Moving Violations in Loudoun County

By Simms Showers LLP |

Most people cannot drive more than four or five blocks without violating at least one provision in Virginia’s extremely complex traffic code. That’s just the moving violations. Many vehicles are not street legal, making their drivers subject to a stop at any time. The next step in a traffic stop is usually a criminal… Read More »

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DrugFreeZone

Drug-Free Zones in Leesburg

By Simms Showers LLP |

Virginia is well-known for its harsh drug laws. If officers catch defendants with or selling drugs in a drug-free zone, prosecutors could tack on an additional felony charge, even if the drug was marijuana and the amount is more than a half-ounce, which is roughly a dozen dime bags. These charges don’t hold up… Read More »

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CarPassing

What’s the Difference Between Illegal Passing and Reckless Driving?

By Simms Showers LLP |

Illegal passing is a simple traffic violation and reckless driving is a misdemeanor. That’s the biggest difference between these two infractions. A traffic ticket conviction usually means a fine, points, and possibly higher insurance rates. A reckless driving conviction means long court supervision, a much higher fine, and possible drivers’ license suspension, even for… Read More »

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