Author Archives: Jay Butchko
Drug-Free Zones in Leesburg
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 »
What’s the Difference Between Illegal Passing and Reckless Driving?
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 »
An Unsolved Mystery Right Here in Virginia
A 21-year-old man who was convicted of aggravated malicious wounding, grand larceny, and hit and run is still on the run a month after he escaped from custody. The Greensville Correctional Center inmate escaped while he was getting medical care in St. Mary’s Hospital in Henrico County. He escaped when two officers watching him… Read More »
When Can Officers Pull Me Over for DUI?
DUI stops are legal if the officer has enough proof to satisfy the reasonable suspicion requirement. This rule basically states that, to detain suspects, officers must have an evidence-based hunch that the suspect is up to no good. Several recent Supreme Court cases have watered down this rule. As a result, in pretrial hearings,… Read More »
Five Hidden DUI Defenses in Loudoun County
In Virginia, the overall cost of a first-time DUI could be over $20,000. Lack of intoxication, or rather lack of evidence of intoxication, is usually the best defense, and often the only defense, in DUI cases. For example, officers might have used a Breathalyzer that wasn’t properly calibrated or the defendant might have refused… Read More »
Why Do I Have to Go to Court Twice for Domestic Violence?
Virginia’s legal system has two layers of protection for domestic abuse victims because serious injuries are so frequent. 75 percent of these victims sustained a serious injury. That injury could be visible, like a broken bone, or invisible, like Post Traumatic Stress Disorder or another brain injury. On the flip side, there are no… Read More »
Cops Use DNA Evidence to Locate Cold Case Suspect
A 51-year-old New York man is in custody and facing charges for a murder he allegedly committed thirty years ago. In November 1994, a 37-year-old woman was found stabbed to death inside her home in Springfield, Virginia. Her 2-year-old daughter was in another part of the house during the stabbing. While investigating the case,… Read More »
The New Frontier in the War on Drugs
One of the most surreal moments of the War on Drugs occurred in December 1970, when Elvis met Nixon in the White House. To this day, the picture of a somewhat befuddled Nixon shaking hands with a velvet-clad Elvis is the National Archive’s most requested photograph. In those days, the War on Drugs was… Read More »
Street Racing Penalties in Virginia
Illegal street races occur almost every day in Loudoun County. Virginia drivers have more racing convictions than the drivers in almost any other state. Wyoming and North Dakota are the leading street racing states in the Union, possibly because there’s so much open space and not much else to do in these states. Virginia’s… Read More »
Breaking Down a Juvenile Larceny Case
Some people don’t think juvenile larceny is serious. In fact, they consider it a rite of passage. But to others, including most prosecutors and judges, juvenile larceny is a cry for help. “Nip it in the bud” prosecutors aggressively pursue these cases and aren’t agreeable to dismissals or light punishments. Judges back them up…. Read More »
