Author Archives: Jay Butchko
A House on Solid Rock or A House of Cards?
Why proper incorporation in Virginia is more than simply filing articles of incorporation with the state. When the United States District Court of the Western District of Virginia struck down the portion of the Virginia Constitution denying churches the ability to incorporate as unconstitutional in 2002[1], Virginia became the 49th state to permit church… Read More »
How to Avoid a Lawsuit When Exercising Church Discipline
“I’ll see you in court” is a common phrase heard in movies and T.V. shows, but when uttered to a pastor or in a church it is the cause of great anxiety and dread. Unfortunately, church discipline and the departure of a pastor provide fertile grounds for lawsuits. Claims of defamation, tortious invasion of… Read More »
New Fair Labor Standards Act Changes to Take Effect December 1, 2016
The Department of Labor recently issued significant and sweeping salary threshold changes to the Fair Labor Standards Act (FLSA) through its Final Rule, published on May 18, 2016. The Rule is set to go into effect on December 1, 2016. These changes are the result of a Presidential Memorandum issued by President Obama in… Read More »
The Benefits of a Registered Agent
A corporate entity of any kind is what the law refers to as a “legal fiction.” It technically does not exist, at least not on its own. It is a fiction; a story that must be told and re-told. When the story stops being told, the corporation becomes a pretense and all the things… Read More »
Six Common Defenses to DUI and DWI
Driving under the influence (DUI) and driving while intoxicated (DWI) are common charges in Virginia. Many people think that if they are charged with either of these offenses there is no point in defending the charges, but that is not true. A knowledgeable DUI and DWI lawyer can help you craft a persuasive defense… Read More »
The Juvenile Justice Process in Virginia
Depending on the age of the person and the crime and circumstances, some offenses are referred to the juvenile justice system for prosecution. For this purpose, “juveniles” include anyone under the age of 18 at the time of the offense. Some juveniles are transferred to the adult criminal justice system if they are charged… Read More »
Most Common Causes of Reckless Driving Charges
In Virginia reckless driving can be a criminal offense. Reckless driving is usually a misdemeanor charge, though felony reckless driving does exist. The Virginia traffic and criminal codes provide many different sections and kinds of violations that can lead to a reckless driving charge. Some of these behaviors are more common than others and… Read More »
Aggravating Factors for Assault and Battery Penalties in Virginia
Assault and battery are criminal charges in Virginia. Generally, these crimes are charged as misdemeanors; however, there are some factors that may lead to the crimes being charged as felonies. Assault and Battery To understand the circumstances that make assault and battery felonies, it is important to first understand the charges themselves. Assault is… Read More »
New Criminal Laws in Virginia
On July 1, 2016 hundreds of new laws went into effect in Virginia. Some of these laws may affect you so it is important to be aware of the changes. This article highlights some of the new laws, including the changes to criminal law in Virginia. Criminal Law One of the major changes in… Read More »
Marijuana Laws in Virginia
Marijuana laws are changing quickly throughout the country. It is important to stay up to date on the laws in your area so you know how to avoid legal trouble. Marijuana is illegal for the most part in Virginia, but as you will see, the laws are much more complicated than that. The laws… Read More »
