Author Archives: Jay Butchko
The Legal Powers of Private Security Guards in Virginia
In Virginia, security guards are given more power than in many other states. In the wake of a recent fatal shooting by an armed security guard, in which the officer killed an unarmed 60-year-old man who was simply playing Pokemon Go, it is more important than ever to understand the powers and limitations of… Read More »
Probation Violations
Were you given a probation sentence as opposed to serving your sentence, or the remainder of your sentence, in prison or jail? If so, there are certain steps you must closely follow in order to maintain your freedom and avoid probation violation. Contact an attorney today for more information and for legal representation if… Read More »
Estate Planning: Why Do I Need a Will?
By Elyse M. Smith, Esq. Everyone needs an estate plan. Certainly, not everyone needs the complicated tax sheltering vehicles some have, but everyone needs these basic estate planning documents: (1) a will; (2) a power of attorney; and (3) an advance medical directive (“living will”). Too often, people dismiss estate planning as something only… Read More »
False Confessions
In crime or detective type TV dramas, the prosecution always seeks a confession of guilt, and usually gets one from the alleged criminal by the end of each 45 minute episode. A confession is seen as a neat and tidy way of having concrete evidence that the defendant was truly guilty of the crime…. Read More »
Penalties for Crimes of Violence When Victims are Minors
All crimes are not treated equally in the state of Virginia or anywhere else. For instance, a defendant that commits the same crime as another may face a biased jury and be sentenced to years behind bars, whereas another defendant in this situation may be let off with probation and a fine. One example… Read More »
Virginia Law to Fine Slow Drivers?
We all know about speeding violations, careless driving, and reckless driving behaviors in Virginia. These actions are unlawful because they are unsafe and put everyone’s lives at risk. But is it dangerous to drive too slow? Slow drivers are normally seen as being cautious and prudent. However, a new Virginia bill that could potentially… Read More »
“The Most Dangerous Phishing Scam” Is Causing Organizations to Lose Billions
By Kyle Winey, Esq. and Robert Showers, Esq. “This is one of the most dangerous email phishing scams we’ve seen in a long time,” says IRS Commissioner John Koskinen, referring to the latest surge of W-2 phishing attacks. Unfortunately, according to the IRS, it is impacting churches, nonprofits and for-profits alike as well as… Read More »
Virginia Hate Crimes Criminal Defense
Hate crimes have seen a large spike over the last year during the presidential campaign, with an even larger spike after the election, according to the Independent. A hate crime is defined in Virginia § 52-8.5 as committing a crime against a person because of a protected trait. A hate crime is committed when… Read More »
Interstate Theft
When a crime, such as trafficking, extends beyond state lines, it immediately becomes a federal crime pursued by the Federal Bureau of Investigation (FBI) or another federal law enforcement agency. For example, if you stole a bike worth $5,000 in Virginia and were caught, the crime would constitute felony larceny, punishable by anywhere from… Read More »
Incorporation of Churches: A New Day
While it is estimated that over 90% of all churches are now incorporated with all states now permitting it, most governing documents are not well drafted, woefully out of date or not followed. Thus, they do not adequately protect the church or its leadership or contain the 21st century risk management provisions that are… Read More »