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Author Archives: Jay Butchko

Constructive Possession of Marijuana in Virginia

By Simms Showers LLP |

Recently a wide number of states have legalized the possession of marijuana. However it is still illegal to possess any amount of marijuana in Virginia. The possession of marijuana in small quantities is a misdemeanor. An individual may also be charged with possession with intent to distribute marijuana. Half an ounce to 5 lbs…. Read More »

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What An Officer Is Looking For In the Field Sobriety Tests

By Simms Showers LLP |

When you are pulled over for suspicion of drunk driving, an officer will ask that you perform several field sobriety tests. In Virginia, these will usually be the horizontal gaze nystagmus test, the one legged stand, the alphabet test, the walk and turn, and/or the finger touch test. After the performance of these tests,… Read More »

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Virginia Implied Consent Law

By Simms Showers LLP |

Virginia statutes require that someone operating a motor vehicle provide a breath sample to an officer who suspects them of driving under the influence of alcohol or drugs once the driver has been placed under arrest.

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Common Driving offenses in Virginia and Their Consequences

By Simms Showers LLP |

In Virginia there are a variety of traffic offenses for which you can be convicted. Although not an exhaustive, list the following infractions are common throughout the Commonwealth of Virginia.

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Employment Handbooks: Do’s & Don’ts

By Simms Showers LLP |

For a business, the employment handbook or personnel manual is typically the first source of information for questions regarding employee salaries, benefits, expectations, and operational procedures. However, many for-profit and non-profit organizations will either not have written policies or create a handbook from “template” models available online or at a bookstore without seeking advice… Read More »

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Church, Nonprofit and Small Business Health Care Tax Credit: What It Is and How to Claim It

By Simms Showers LLP |

Don’t leave money on the table this tax season!  The small business health insurance tax credit is granted to small employers, including tax-exempt employers such as churches and nonprofits, who pay at least 50% of their employees’ health insurance premiums for a qualified health plan. The tax credit is calculated as a percentage of… Read More »

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What is the Role of a Grand Jury in the Criminal Justice System?

By Simms Showers LLP |

Not all criminal cases require grand juries. In fact, misdemeanors and traffic offenses are not subject to grand juries but all felonies require a grand jury for indictment…

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How are Traumatic Brain Injuries Proven in a Lawsuit?

By Simms Showers LLP |

Among the most devastating injuries resulting from car accidents are traumatic brain injuries (TBI), which can severely affect a person for the rest of his or her life. These types of injuries can occur despite the use of seat belts and air bags. After sustaining an injury, victims often require extensive medical and therapeutic… Read More »

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How Is It Possible to Emerge From Bankruptcy in Three to Five Years?

By Simms Showers LLP |

No one wants to go into bankruptcy. It is the financial version of waving the white flag, surrendering to an adverse situation and giving up everything, right? Well, not exactly and not always. Chapter 13 bankruptcy for individuals and businesses is also called re-organization, a means to hold off creditors in an orderly fashion… Read More »

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How Can Criminal Charges Be Reduced or Dismissed in Virginia?

By Simms Showers LLP |

It is essential for anyone charged with a criminal offense to fight those charges fully within our legal system. This is because a felony conviction on someone’s record for any offense – non-violent crimes such as grand theft, or violent crimes such as rape or armed robbery – will likely limit that person’s employability,… Read More »

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