Author Archives: Jay Butchko
Are DUI Roadblocks Legal in Virginia?
Yes, DUI roadblocks are legal in Virginia, if they completely adhere to a set of very strict requirements. These requirements are so strict because roadblocks enable police officers to get around the Fourth Amendment and its prohibition on random stops. Notably, DUI checkpoints don’t affect a driver’s Fifth Amendment right to remain silent. All… Read More »
Three Kinds of Defenses to Drug Trafficking Charges
All criminal cases, including drug trafficking cases, begin with a presumption of innocence. That presumption alone is sufficient to acquit a defendant. If prosecutors have enough evidence to reverse that presumption, and that’s a big “if,” one of three defenses may still apply. These defenses reduce or eliminate the harsh direct and indirect consequences… Read More »
Why Don’t Women Press Domestic Battery Charges?
According to one researcher, about 70 percent of domestic violence incidents are never reported to the police. Some specific reasons that many women don’t report domestic violence or want to testify against alleged abusers are listed below. Contrary to popular myth, an alleged victim cannot “press” or “drop” criminal abuse charges. Prosecutors have the… Read More »
Former Police Officer Released from Prison
In March 2025, Virginia Gov. Glenn Youngkin granted clemency to a former police sergeant who shot and killed an unarmed man accused of stealing sunglasses. “I am convinced that the court’s sentence of incarceration is unjust and violates the cornerstone of our justice system — that similarly situated individuals receive proportionate sentences,” Youngkin, a… Read More »
Authorities Tout Record Methamphetamine Seizure
Local police officials claim that the 150-plus pounds of meth they seized at a traffic stop is the largest single seizure of that drug in Virginia law enforcement history. A public information officer for the department said in early November, officers with VBPD and officials with the Homeland Security Investigations “approached” a 54-year-old man… Read More »
Should I Hire a DUI Lawyer or Go with a Public Defender?
Regardless of the answer to this question, you need a DUI lawyer if you’re facing these charges. The total cost of a first-time DUI conviction usually exceeds $10,000. If you’re like us and you don’t have $10,000 to throw around, minimizing or eliminating the direct and indirect consequences of a DUI conviction is absolutely… Read More »
If Drugs Were in the Car, Am I Guilty of Possession?
Not necessarily. Close proximity is the major element in a Section 18.2-250 or related matter. However, it’s only one of three elements of possession. The other two are outlined below. The state must establish all three elements beyond any reasonable doubt. So, essentially, prosecutors must present an overwhelming amount of evidence on each point…. Read More »
What Happens After I Plead Guilty to a DUI?
After they plead guilty to a DUI, especially first-time DUI, most defendants receive probation. In Virginia, probation is loaded with conditions. Most drivers cannot travel more than three or four miles without breaking at least one traffic law, and most probationers cannot serve more than three or four months of their terms without violating… Read More »
Biden Issues 11th Hour Commutations
A 53-year-old Virginia man was among the thousands of people who received executive pardons or commutations, many of which former President Biden issued during his last week in office. Following a commutation, he’ll be released July 16. He had been scheduled for release in 2040 prior to that for his conviction in a drug… Read More »
DUI Jail Release: What You Should Know
Mostly for civil liability purposes, almost all Loudoun County area law enforcement agencies have mandatory DUI arrest policies. If an officer has probable cause to believe a driver is DUI, lets the driver go, and that driver causes a crash, the city could be liable for civil damages. Therefore, most Northern Virginia jails are… Read More »
