Author Archives: Jay Butchko
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 »
FAQs About Job-Related Marijuana Testing in Virginia
In July 2021, Virginia lawmakers legalized recreational marijuana. Local governments quickly enacted rules that fleshed out the legalization mandate. To this day, many people believe that marijuana has the same legal status as tobacco. But a prescription painkiller is a more apt comparison. Limited marijuana possession and use is legal. Most marijuana possession and… Read More »
Three Under the Radar Reckless Driving Violations
Most people associate reckless driving violations with careless driving that clearly endangers other people. Indeed, most Article 7 violations address such driving. But a few are essentially driving technicalities. Officers often issue such citations if they’re bored or if they need to meet a quota. We should pause here and address ticket quotas. Formal… Read More »
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 »
