Author Archives: Jay Butchko
Out of State Travelers Beware: No More Gun Permit Reciprocity in Virginia
If you are visiting friends or family in Virginia from out of state this year, you may want to think twice about bringing your gun with you. Although Virginia has historically recognized the concealed carry permits of most other states, new regulations have changed that. Attorney General Mark Herring recently announced that Virginia’s reciprocity… Read More »
Youth Charged with Felony Murder in Car Chase Death
An 18-year-old man is charged with felony murder, grand theft auto, fleeing the police, and multiple counts of reckless driving in a case that ultimately led to the tragic death of an innocent man on his way to go shopping for Christmas presents. Felony Murder Felony murder is statutorily defined as “[t]he killing of… Read More »
Virginia Man Sentenced to Five Years in Cigarette Trafficking Case
Yinhau (Steven) Chen of Fredericksburg was sentenced to five years in a federal cigarette trafficking case on December 22. He pled guilty to conspiracy to commit money-laundering in connection with a scheme in which he supplied interstate smugglers with large quantities of cigarettes at lower taxed Virginia prices. The smugglers then took the cigarettes… Read More »
Change of Venue Motion in Fatal Child Abuse Case Hangs in Balance
The defense has lost an early battle in the widely publicized case of a mother whose five-year-old son was found dead in her septic tank. Due to the media attention the case received, the defense has moved for a change of venue. The motion and its accompanying issues shine a spotlight on the realities… Read More »
Fatal Alcohol Involved Crash Leads to Serious Charges
A man is charged with DUI and involuntary manslaughter in the wake of a fatal accident on Route 13 in Accomack County. Virginia state troopers responded to the one-car crash on the evening of December 9th. It is suspected that speeding and alcohol contributed to the driver losing control of the vehicle and spinning… Read More »
Virginia State Crime Commission Rejects Asset Forfeiture Reform
In the second major blow to criminal justice reform in Virginia recently, the state’s Crime Commission has voted to reject proposed legislation that would require the government to first obtain a conviction or a guilty plea before subjecting the property of the criminal defendants to civil asset forfeiture. The Crime Commission is a part… Read More »
Public Defender Alleges Unethical Police Conduct
A public defender in Petersburg, Virginia is alleging police misconduct in proceedings to withdraw his client’s guilty plea. Jeffrey Fisher pled guilty to drug and gun charges earlier this year after being arrested during a raid of his home. Later, numerous disturbing facts about the case came to light that had been concealed by… Read More »
Virginia Supreme Court Rejects Criminal Discovery Reform
The Virginia Supreme Court recently rejected a major criminal discovery reform proposal that would have provided criminal defendants with much needed procedural protections. The following explains the legal context of this decision and what it may mean for you if you are accused of a crime. The National Epidemic According to the landmark case… Read More »
Holiday Traffic Fatality Concerns See Spike in Enforcement Efforts
Concerns over safety prompted the Commonwealth of Virginia to step up its police presence on the highways over Thanksgiving weekend this year. According to reports, the past year has seen an increase in death tolls on Virginia’s highways. Additionally, the highly publicized dangers of driving Thanksgiving weekend have caused concern as well. Whether the… Read More »
Fiery Crash: a Reminder that Fleeing the Police is Always a Bad Idea
A recent high-speed police chase has led to another tragic death. As is so often the case, this horrific event can be instructive for anyone facing the possibility of arrest. At the outset, we should state unequivocally that fleeing the police is always a bad idea. Not only do you risk greater criminal penalties… Read More »