Author Archives: Jay Butchko
Appeals Court Rejects Reasonable Use of Force Claim
A police officer who fatally shot an armed man in 2023 cannot claim qualified immunity, according to an April 2026 Fourth Circuit Court of Appeals decision. On a Saturday afternoon in July 2023, a 34-year-old man attempted to break into homes in Wycliff Court after being released from a hospital during a mental health… Read More »
Maximizing Hidden Assets and Income in a Virginia Divorce
Divorce is always expensive and stressful. Hidden assets and income multiply the stress and expense, in almost all cases. These issues complicate property classification and division, making the most expensive and time-consuming portion of a marriage dissolution proceeding even more expensive and time-consuming. Virginia courts require full financial disclosure during divorce, so judges can… Read More »
Supreme Court: It’s Okay for Cops to Talk
A twelve-second conversation between an officer and a driver about possible illegal items in a car doesn’t invalidate a traffic stop, according to the Supreme Court of Virginia. Officer Jordan Allen stopped the female driver on suspicion of driving on a suspended license. Once stopped, he determined that her license was suspended and that… Read More »
Top Five DUI Defenses
Alcohol is a factor in about a third of the fatal vehicle collisions in Virginia. To reduce the number of these accidents, DUI laws have become progressively tougher since the 1990s. Virginia’s per se law is a good example. Previously, a positive Breathalyzer test was only evidence of intoxication. Today, a BAC level of… Read More »
Simms Showers Secures First Amendment Win for Pro-Life Pregnancy Centers in Delaware
Simms Showers LLP is proud to announce a significant legal victory on behalf of pro-life pregnancy centers challenging an unconstitutional Delaware law. Partner Will Thetford served as lead counsel, working alongside Alliance Defending Freedom, in a federal lawsuit that has now resulted in the State of Delaware agreeing to a court order permanently barring… Read More »
What to Expect in a Weapons Possession Case
Many people believe an illegal possession case is a quick, open-and-shut matter. I had an illegal gun, the cop caught me, I see the judge, he puts me on probation, and that’s that. This belief is not entirely misplaced, because that’s the outline of the criminal law system in Virginia. But, it’s only the… Read More »
Drug Crimes and Plea Bargains in Loudoun County
Trials resolve a handful of drug crime matters, mostly high-profile matters, Plea bargains resolve run-of-the-mill drug crime matters. Drug crimes certainly aren’t run-of-the-mill to defendants, but that’s the way society views them. This practice took hold in the late 1800s. Back in those days, the country was growing rapidly. But taxpayers didn’t want to… Read More »
What Are Some Non-Moving Violations in Virginia?
Minor parking or speeding tickets do not drastically affect a driving record or have high fines. However, a series of traffic violations over time can affect both your license and your insurance. Moreover, nonmoving violations are pretexts for police action. Even if you’re in a public parking lot, an officer can issue a citation… Read More »
Who Pays for a Truck Accident?
The shipping, transportation, or other company that owned the truck and/or cargo is financially responsible for victim compensation, at least in most cases. This compensation usually includes money for medical bills and other economic losses, and emotional distress and other noneconomic losses. Frequently, medical bills are the largest component of economic damages in a… Read More »
Authorities Remind Virginia Citizens About Texting While Driving
Law enforcement authorities have issued a reminder on Virginia laws for texting while driving, according to an article by the InsideNoVa. Citizens should be aware that cell phone use can also contribute to the criminal charge of reckless driving under certain conditions. In light of this reminder, it feels like a perfect time to… Read More »
