Author Archives: Jay Butchko
Texting While Driving in Virginia
In today’s world many of us are constantly connected to our cell phones, replying to emails, texting people, and using a variety of applications. Even while driving we may use our phone for GPS, for playing music, or for other purposes. It is important to be aware of your phone use, especially on the… Read More »
The Pretrial Process
A trial can certainly cause a lot of financial strain and mental and emotional anguish. Thankfully there are other avenues other than trial and motions that may make a trial unnecessary. Before an accused goes to trial there are several ways to preempt the trial altogether. These can often save time and money for… Read More »
October 1st Fraud Liability-Shift Deadline Approaches for Churches, Nonprofits, and Businesses Who Accept “Swipe-and-Sign” Credit Card Payments
Have you received a new credit card in the mail recently? Does it have a special embedded chip in it? This new chip technology is known as EMV (named for its developers: EuroPay, MasterCard, and Visa; also known as “chip-and-PIN”), and it represents a big step forward in putting a stop to credit card… Read More »
Police Entry Into Your Home
Under what circumstances can an officer enter your home? Since the inception of our democracy courts have tried to balance the desire of citizens for privacy in their lives and their property, and the job of police to investigate, to stop crime, and to protect the citizens. The courts have determined that your home… Read More »
The Plain View Doctrine
When an officer enters a home or is conducting a traffic stop and encounters evidence of illegal activity they may seize any contraband or evidence of a crime if it is within the plain view of the officer. This is known as the plain view doctrine. If an officer was present lawfully that contraband… Read More »
Constructive Possession of Marijuana in Virginia
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 »
What An Officer Is Looking For In the Field Sobriety Tests
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 »
Virginia Implied Consent Law
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.
Common Driving offenses in Virginia and Their Consequences
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.
Employment Handbooks: Do’s & Don’ts
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 »