Author Archives: Jay Butchko
Virginia Crime Rate Increased in 2022
The overall crime rate in Virginia went up 5 percent in 2022, according to the Virginia State Police. Homicides were up 10.5 percent with 621 people killed in 2022. The data also showed both victims and offenders were on the younger side, with 42 percent of murder victims being between the ages of 18… Read More »
The ALR Process in Virginia
The Old Dominion State, like all other states, has an implied consent law. When motorists sign their drivers’ licenses, they agree to provide chemical BAC samples, if a peace officer makes a lawful demand. More on that below. Interestingly, the implied consent law applies if the defendant is in “actual physical control of a… Read More »
Formal and Informal Expungement in DUI Cases
Future auto insurance rate increases make up most of the estimated $20,000 cost of a first-time DUI conviction. These individuals must purchase SR-22 high-risk insurance and maintain it for at least three years. These policies are about 70 percent higher than normal policies. When the mandatory SR-22 period expires, cheaper insurance may be unavailable,… Read More »
The Three Kinds of Assault in Virginia
Virginia consistently ranks as one of the safest states in the Union. Law enforcement and judicial authorities are determined to preserve that ranking. What might be a heated argument in Maryland is an assault arrest in Virginia. Then, when these cases go to court, an ordinary assault charge in Maryland is an aggravated assault… Read More »
Civil Forfeiture in Criminal Cases
Most people have strong feelings for and against controversial law enforcement practices, like civil forfeiture. Civil liberties advocates believe this practice is policing for profit and point to federal court decisions questioning it. Law enforcement officers justify the practice and point out that forfeiture funds the criminal justice system and keeps taxes lower. Whatever… Read More »
Reckless Driving Defenses
During the pandemic, since roads mostly emptied, law enforcement officials sparsely enforced the reckless driving law. Officers reasoned this law protects other drivers, and for the most part, there weren’t any other drivers to protect. Now that coronavirus lockdowns are in the rearview mirror, many officers are determined to make up for lost time…. Read More »
Reckless Driving Charges in Juvenile Court
Inexperienced juvenile drivers who have their first cars and want to test their limits are much more likely to commit Article 7 violations than older drivers who drive to get from place to place. For example, most street racing defendants are juveniles or young adults. The same criminal and traffic laws apply in both… Read More »
VA Man Sentenced for Sex Crimes in WI
Authorities in Michigan arrested a man who was originally from Virgina for alleged sex crimes after he fled from his new residence in Wisconsin. Investigators say the 44-year-old man lived in Virginia when he met a then-15-year-old girl online. He then groomed the girl for months, a process which included sexually explicit chats and… Read More »
Authorities Break Up Alleged Hanover County Sex Trafficking Ring
A husband and wife, allegedly the ringleaders of an intricate sex trafficking network based in a quiet suburban neighborhood, now face multiple criminal charges. According to the Hanover County Sheriff’s Office, investigators received a tip from an informant about a suspected sex trafficking and prostitution operation happening at a home on Tall Oakes Lane…. Read More »
Top Five DUI Checkpoint Requirements
For many years, courts went back and forth on whether DUI roadblocks were legal. The suspension of individual rights guaranteed by the Fourth Amendment troubled many judges. In contrast, others were willing to bend the rules to help reduce the number of drunk driving crashes. Finally, public safety won out over individual rights, at… Read More »