Author Archives: Jay Butchko
Top Five Non-Moving Traffic Violations in Virginia
The Virginia traffic code mostly penalizes moving violations, like speeding and turning illegally. These traffic offenses usually have large fines and significant points. Non-moving violations, like the ones listed below, are usually fix-it tickets. Generally, the judge dismisses the case if the driver resolves the issue before the court date or before a court-ordered… Read More »
Virginia Gun Laws and Location Restrictions
In recent years, gun possession laws in Virginia have changed significantly, and the laws are still in a state of flux. Likewise, location restrictions have changed significantly and will likely change again at least once. But we’ll break down these restrictions as they exist as of May 2024. The penalties for carrying a weapon… Read More »
Top Five DUI Enhancements in Virginia
Usually, prosecutors file the most aggressive charges the facts could possibly support, and DUI is no exception. Virginia law includes various DUI enhancements, some of which are discussed below. Usually, a Virginia DUI lawyer is much more concerned with the underlying offense than any attached enhancements. After all, if the underlying charge doesn’t hold… Read More »
When is a Speeding Ticket Not a Speeding Ticket?
Officers have almost absolute discretion to enhance ordinary traffic tickets, like speeding or turning illegally, to aggressive, reckless, or improper driving. Aggressive and reckless driving are misdemeanor offenses that could involve jail time. A misdemeanor is also a much darker mark on a permanent record. Improper driving is technically a traffic citation, but the… Read More »
What to Expect in a Drug Trafficking Case
At the end of a case, expect a plea bargain. Only about 2 percent of drug trafficking cases and other criminal cases go to trial. A plea bargain is a process, not a result. During this process, a skilled attorney, acting as your advocate, will strategically chip away at the state’s case until prosecutors… Read More »
What’s the Difference Between Theft, Larceny, and Fraud?
For thirty years, between 1991 and 2021, the property crime rate fell almost every year. The reduction was usually significant. Suddenly, in 2022, the property crime rate increased sharply. Law enforcement oversight dropped significantly in this area during pandemic lockdowns. In fact, many local law enforcement agencies stopped responding to larceny and theft calls,… Read More »
Top Five Juvenile Crimes in Virginia
Children under 18 could be arrested for the same offenses as adults. However, 50 percent of juvenile arrests are for one of the five offenses listed below. Individually, these offenses are complex. Additionally, Virginia lawmakers recently revised the state’s gang crime enhancement. Under the new Section 18.2-46.2, knowing and willful participation in any predicate… Read More »
Larceny and Theft: A Complete Guide
Knowingly receiving stolen property, larceny (taking property), and theft (taking anything, such as keeping a rental car past the due date), are basically the same offense in Virginia. These infractions are usually misdemeanors, although they could be felonies, mostly depending on the value of the goods or services. A few other factors, such as… Read More »
Sentencing Options in Juvenile Cases
One of the primary goals of a juvenile sentence is to decrease the alarmingly-high recidivism rate. About 80 percent of convicted juvenile offenders are rearrested within three years. The much-criticized revolving door justice system is hard on everyone, including the state, offenders, their victims, and their families. Most juvenile defendants agree to plead guilty,… Read More »
Virginia’s Super Speeder Law
Several states, including Virginia, have a super speeder law. Virginia’s version of this law is in Section 46.2-862. This law hasn’t been significantly updated since the early 1990s, and it shows, as outlined below. Basically, super speeder tickets combine ordinary speeding tickets with reckless driving offenses. So, the short and long-term consequences could be… Read More »