Author Archives: Jay Butchko
Breaking Down a Juvenile Larceny Case
Some people don’t think juvenile larceny is serious. In fact, they consider it a rite of passage. But to others, including most prosecutors and judges, juvenile larceny is a cry for help. “Nip it in the bud” prosecutors aggressively pursue these cases and aren’t agreeable to dismissals or light punishments. Judges back them up…. Read More »
FAQs About Job-Related Marijuana Testing in Virginia
In July 2021, Virginia lawmakers legalized recreational marijuana. Local governments quickly enacted rules that fleshed out the legalization mandate. To this day, many people believe that marijuana has the same legal status as tobacco. But a prescription painkiller is a more apt comparison. Limited marijuana possession and use is legal. Most marijuana possession and… Read More »
Three Under the Radar Reckless Driving Violations
Most people associate reckless driving violations with careless driving that clearly endangers other people. Indeed, most Article 7 violations address such driving. But a few are essentially driving technicalities. Officers often issue such citations if they’re bored or if they need to meet a quota. We should pause here and address ticket quotas. Formal… Read More »
Does Back to School Mean Go to Jail?
It could, according to a new Virginia law that addresses the problem of swatting (falsely summoning law enforcement) at a public or private school. Virginia Governor Glenn Youngkin signed the new law in the gymnasium of E.C. Glass High School, a school that saw multiple swatting incidents during the 2022-23 school year. “These aren’t… Read More »
Five Key DUI Checkpoint Requirements in Virginia
As part of the 1960s Supreme Court criminal law revolution, the Supremes introduced the reasonable suspicion rule. According to Terry vs. Ohio, officers must have reasonable suspicion, which is an evidence-based hunch of criminal activity, before they pull over motorists or otherwise detain people. The Supreme Court has watered down this rule in recent… Read More »
Challenging Chemical Test Results in a DUI
Admissible and accurate test results usually guarantee a DUI conviction. The breath test conviction rate is over 90 percent. The blood test conviction rate is almost 100 percent. However, as outlined below, these chemical tests often aren’t admissible or accurate. Usually, an attorney doesn’t have to “prove” the results are invalid. Instead, an attorney… Read More »
Can I Fight a Protective Order in Virginia?
One of the least-enforced provisions in Virginia law is Section 40.1 of the Virginia Code, which details the penalties for making false statements on a protective order application. That’s partially due to a lack of prosecutorial interest and partially due to the nature of false statement cases. Victims, witnesses, and defendants very rarely intentionally… Read More »
Rapper Allegedly Shot 10-Year-Old Boy in Franklin
Police are looking for a suspect in the shooting death of a small boy. Authorities say the suspect is armed and dangerous. The 23-year-old woman is wanted for first degree murder and related firearms charges in connection to a shooting in the 300 block of Artis Street. According to investigators, the woman and three… Read More »
Endgame: Resolving Drug Crime Charges in Virginia
In the early days of the Republic, criminal trials resolved almost all drug crime and other crime charges in Virginia. The landscape began changing in the 1880s. As the nation grew, taxpayers were unwilling to pay for more courts and prosecutors. To speed cases through the system, the plea bargaining system began. As late… Read More »
Construction and Emergency Vehicle Violations in Virginia
Normally, fatal pedestrian accidents barely make the headlines. But if the victim was a construction worker or emergency responder, the incident not only makes the headlines. It also usually prompts calls for reforms. Many of those reforms are contained in Virginia’s reckless driving law. Some obscure sections of this law go beyond protecting individual… Read More »