Author Archives: Jay Butchko
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are now incorporated with all states now permitting it, most governing documents are not well drafted, woefully out of date or not followed.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 »
Opioid Prescription Painkiller Drug Charges
There is a growing epidemic of opioid-derived prescription pain medication. These medications, such as hydrocodone, codeine, methadone, meperidine, hydromorphone, and fentanyl, are some of the most addictive and dangerous substances known. In recent years, tens of thousands of Americans become addicted after a serious injury and accidentally die from overdoses. The epidemic is largely… Read More »
Decriminalization of Marijuana in Virginia
The decriminalization of marijuana will have to wait, as two recent bills posed to a Senate committee were not approved. The bills, which would end criminal misdemeanor charges for very small amounts of marijuana possession and impose a small civil penalty instead, were turned down, according to the Richmond Times Dispatch. The reasoning behind… Read More »
Possession Vs. Possession with Intent to Sell
The criminal penalties associated with an attempt to sell or distribute a drug can be confusing, as you may be charged with possession with intent to sell even if you honestly had no intention to sell any of the substance. The following is an explanation of Virginia’s classification of various controlled substances as well… Read More »
Ignition Interlock Devices for DUI Offenders
In Virginia, if you are convicted of driving under the influence of alcohol, you must use a special ignition interlock device, used to measure your blood alcohol content before starting the engine, for a period of time afterwards. Unfortunately not all drunk drivers are stopped by this technology, and the length of time required… Read More »
Types of Reckless Driving in Virginia
In Virginia, reckless driving is a serious infraction that carries heavy penalties for convicted drivers. Depending on the charges and your prior driving history, you can lose your license, go to jail for up to 12 months, or even end up in prison if your actions resulted in the serious bodily injury or death… Read More »
Virginia Internet Crimes Lawyer: Identity Theft and Fraud
Identity theft or identity fraud occurs when an individual takes another’s personal property by means of fraud or deception, usually with the intent of making economic gains. Increasingly, identity fraud is occurring via the internet with theft of Social Security numbers, bank account data, and credit card numbers. Depending on the information stolen, money… Read More »
Claiming Self- Defense in Virginia Criminal Charges
If you hurt or kill another person, whether it was intentional or accidental, there will be consequences. These penalties are on a scale of moderate to severe, depending on the outcome of your actions, as well as your motives. A planned and premeditated killing will invoke a harsher penalty than a crime of passion… Read More »
