Author Archives: Jay Butchko
Breaking Down Virginia’s Illegal Discharge Law
Most states prohibit the unauthorized discharge of firearms, and most states don’t strictly enforce these prohibitions. Virginia is different. Local authorities aggressively enforce Section 18.2-280 violations. Officers usually respond to shots-fired calls, investigators usually follow up, and prosecutors usually file charges. Obviously, these cases have a lot of moving parts. Police officers can only… Read More »
What is the Definition of a Drug Free Zone?
According to Virginia law, a drug-free zone extends 1,000 feet from any “school, park, or other public area.” 1,000 feet is basically three football fields. Northern Virginia is one of the most densely-populated areas in America. Almost every street corner in Manassas is within 1,000 feet of a school, park, library, post office, church,… Read More »
Kinds of Reckless Driving Charges in Virginia
During the pandemic, empty roads encouraged reckless driving. Two-thirds of professed speeders said that, since traffic volume was so low, they didn’t think they put anyone else in danger. That logic might have worked during coronavirus lockdowns, but it doesn’t work today. Police officers and criminal judges, who are determined to break this bad… Read More »
Virginia Crime Rate Increased in 2022
The overall crime rate in Virginia went up 5 percent in 2022, according to the Virginia State Police. Homicides were up 10.5 percent with 621 people killed in 2022. The data also showed both victims and offenders were on the younger side, with 42 percent of murder victims being between the ages of 18… Read More »
The ALR Process in Virginia
The Old Dominion State, like all other states, has an implied consent law. When motorists sign their drivers’ licenses, they agree to provide chemical BAC samples, if a peace officer makes a lawful demand. More on that below. Interestingly, the implied consent law applies if the defendant is in “actual physical control of a… Read More »
Formal and Informal Expungement in DUI Cases
Future auto insurance rate increases make up most of the estimated $20,000 cost of a first-time DUI conviction. These individuals must purchase SR-22 high-risk insurance and maintain it for at least three years. These policies are about 70 percent higher than normal policies. When the mandatory SR-22 period expires, cheaper insurance may be unavailable,… Read More »
The Three Kinds of Assault in Virginia
Virginia consistently ranks as one of the safest states in the Union. Law enforcement and judicial authorities are determined to preserve that ranking. What might be a heated argument in Maryland is an assault arrest in Virginia. Then, when these cases go to court, an ordinary assault charge in Maryland is an aggravated assault… Read More »
Civil Forfeiture in Criminal Cases
Most people have strong feelings for and against controversial law enforcement practices, like civil forfeiture. Civil liberties advocates believe this practice is policing for profit and point to federal court decisions questioning it. Law enforcement officers justify the practice and point out that forfeiture funds the criminal justice system and keeps taxes lower. Whatever… Read More »
Reckless Driving Defenses
During the pandemic, since roads mostly emptied, law enforcement officials sparsely enforced the reckless driving law. Officers reasoned this law protects other drivers, and for the most part, there weren’t any other drivers to protect. Now that coronavirus lockdowns are in the rearview mirror, many officers are determined to make up for lost time…. Read More »
Reckless Driving Charges in Juvenile Court
Inexperienced juvenile drivers who have their first cars and want to test their limits are much more likely to commit Article 7 violations than older drivers who drive to get from place to place. For example, most street racing defendants are juveniles or young adults. The same criminal and traffic laws apply in both… Read More »