Author Archives: Jay Butchko
Does Back to School Mean Go to Jail?
It could, according to a new Virginia law that addresses the problem of swatting (falsely summoning law enforcement) at a public or private school. Virginia Governor Glenn Youngkin signed the new law in the gymnasium of E.C. Glass High School, a school that saw multiple swatting incidents during the 2022-23 school year. “These aren’t… Read More »
Five Key DUI Checkpoint Requirements in Virginia
As part of the 1960s Supreme Court criminal law revolution, the Supremes introduced the reasonable suspicion rule. According to Terry vs. Ohio, officers must have reasonable suspicion, which is an evidence-based hunch of criminal activity, before they pull over motorists or otherwise detain people. The Supreme Court has watered down this rule in recent… Read More »
Challenging Chemical Test Results in a DUI
Admissible and accurate test results usually guarantee a DUI conviction. The breath test conviction rate is over 90 percent. The blood test conviction rate is almost 100 percent. However, as outlined below, these chemical tests often aren’t admissible or accurate. Usually, an attorney doesn’t have to “prove” the results are invalid. Instead, an attorney… Read More »
Can I Fight a Protective Order in Virginia?
One of the least-enforced provisions in Virginia law is Section 40.1 of the Virginia Code, which details the penalties for making false statements on a protective order application. That’s partially due to a lack of prosecutorial interest and partially due to the nature of false statement cases. Victims, witnesses, and defendants very rarely intentionally… Read More »
Rapper Allegedly Shot 10-Year-Old Boy in Franklin
Police are looking for a suspect in the shooting death of a small boy. Authorities say the suspect is armed and dangerous. The 23-year-old woman is wanted for first degree murder and related firearms charges in connection to a shooting in the 300 block of Artis Street. According to investigators, the woman and three… Read More »
Endgame: Resolving Drug Crime Charges in Virginia
In the early days of the Republic, criminal trials resolved almost all drug crime and other crime charges in Virginia. The landscape began changing in the 1880s. As the nation grew, taxpayers were unwilling to pay for more courts and prosecutors. To speed cases through the system, the plea bargaining system began. As late… Read More »
Construction and Emergency Vehicle Violations in Virginia
Normally, fatal pedestrian accidents barely make the headlines. But if the victim was a construction worker or emergency responder, the incident not only makes the headlines. It also usually prompts calls for reforms. Many of those reforms are contained in Virginia’s reckless driving law. Some obscure sections of this law go beyond protecting individual… Read More »
Breaking Down Virginia’s Illegal Discharge Law
Most states prohibit the unauthorized discharge of firearms, and most states don’t strictly enforce these prohibitions. Virginia is different. Local authorities aggressively enforce Section 18.2-280 violations. Officers usually respond to shots-fired calls, investigators usually follow up, and prosecutors usually file charges. Obviously, these cases have a lot of moving parts. Police officers can only… Read More »
What is the Definition of a Drug Free Zone?
According to Virginia law, a drug-free zone extends 1,000 feet from any “school, park, or other public area.” 1,000 feet is basically three football fields. Northern Virginia is one of the most densely-populated areas in America. Almost every street corner in Manassas is within 1,000 feet of a school, park, library, post office, church,… Read More »
Kinds of Reckless Driving Charges in Virginia
During the pandemic, empty roads encouraged reckless driving. Two-thirds of professed speeders said that, since traffic volume was so low, they didn’t think they put anyone else in danger. That logic might have worked during coronavirus lockdowns, but it doesn’t work today. Police officers and criminal judges, who are determined to break this bad… Read More »
