Author Archives: Jay Butchko
Breaking Down Forfeiture Proceedings in Virginia
Depending on your perspective, civil forfeiture, which is covered in Section 18.2-46.3 of the Virginia Code, may be the most essential or most oppressive law enforcement tool in the state. Essentially, this provision allows law enforcement to seize and sell any property related to criminal activity, such as a bank account associated with money… Read More »
Should I Hire a DUI Lawyer?
Most people know the Miranda Rights line “You have the right to an attorney; if you cannot afford one, the court will appoint one for you.” Indeed , the Sixth Amendment guarantees the right to counsel in criminal cases. However, this provision in the Bill of Rights doesn’t guarantee a free lawyer. Most Loudoun… Read More »
Triple Shooting in Virginia Beach on Christmas Eve
An apparent shootout killed one person and wounded two others, and police have no leads or suspects. Shortly after midnight Sunday, the Virginia Beach Police Department (VBPD) responded to a report of shots fired in the area of Riverbend and Lakecrest roads. There, officers found two men who had been shot. One of them… Read More »
Top Five Non-Moving Violations in Loudoun County
Most people cannot drive more than four or five blocks without violating at least one provision in Virginia’s extremely complex traffic code. That’s just the moving violations. Many vehicles are not street legal, making their drivers subject to a stop at any time. The next step in a traffic stop is usually a criminal… Read More »
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 »