Author Archives: Jay Butchko
What Are the Three Types of Protection?
State lawmakers recently expanded the protective order provisions in state law. At the time of this expansion, many judges issued protective orders in almost all cases, regardless of the amount of evidence the alleged victim presented. Today, judges are stingier. However, they still have the legal authority to issue protective orders almost anytime they… Read More »
Two Men in Jail After Road Rage Shooting
In December 2024, Loudoun County Sheriff’s deputies arrested two undocumented immigrants who allegedly fired a gun at an occupied vehicle. The Loudoun County Sheriff’s Office said two suspects fired a gun at a car in the area of East Maple Avenue and South Lincoln Avenue about 9:30 p.m. The car they shot at was… Read More »
Proof Issues in DUI-Marijuana Cases
Chemical tests are very reliable in DUI-alcohol cases. But a reliable chemical test in DUI-marijuana cases remains elusive. The same researchers who hit a brick wall in 2023 now believe that a reliable marijuana Breathalyzer device may be within reach. However, even if they develop such a test, legal issues, such as what level… Read More »
Are Drunk Drivers Automatically Guilty in Loudoun County?
No. The state must prove every element of a DUI, and not just the “under the influence” element, beyond any reasonable doubt. The “driving” element is usually very hard to prove, especially in more serious DUI collision cases. Additionally, during their investigations, police officers must closely follow all the rules and not take shortcuts…. Read More »
Recent Changes to Virginia’s Vehicle Inspection Law
The basic elements of this law, which includes a universal inspection requirement, have not changed. However, the Legislature limited officers’ ability to detain motorists for expired inspection stickers and limited the effects of such arrests. More on that below. The new complexities in this law illustrate the need for a Leesburg criminal defense lawyer… Read More »
Deadly Shooting at Virginia Beach Smoke Shop
Few details were available about a December 2024 shooting at a gift shop in Virginia Beach. One person was killed. The incident occurred near the “Happy Smoke Super Gift Shop,” where shattered windows are visible. A large police presence has been reported near North Witchduck and Newtown roads, and officers are asking the public… Read More »
Resolving Enhanced Drug Possession Cases
These cases usually include drug-free zones and drug trafficking matters. Most enhanced possession cases, like most other criminal cases, settle out of court. However, a favorable out-of-court settlement is not a matter of raising a white flag or accepting the first offer. Instead a successful out-of-court settlement, like a successful trial outcome, is a… Read More »
CTA Reporting Deadlines Paused Again Following Fifth Circuit Reversal
On December 26, 2024, the Fifth Circuit Court of Appeals reversed its December 23, 2024, decision and reinstated a temporary nationwide injunction halting enforcement of the Corporate Transparency Act (CTA). This decision follows a legal battle surrounding the CTA’s beneficial ownership information (BOI) reporting requirements, leaving business owners in a state of uncertainty. Background:… Read More »
Should I Hire a DUI Lawyer or Go with a Public Defender?
We’ve all seen news magazine profiles that feature overworked public defenders. These tales are somewhat exaggerated, but they’re mostly true. Many public interest lawyers are overworked, mostly for economic reasons (more on that below). But for the most part, public defenders are capable defense lawyers. In fact, in some cases, going with a public… Read More »
Officials Credit Special Enforcement Campaigns for Violent Crime Reduction
Virginia Attorney General Jason Miyares says the violent crime rate in the Commonwealth is down 11 percent since 2023, largely thanks to a pair of special law enforcement campaigns. In a special ceremony, Miyares joined Governor Glenn Youngkin to tout the programs’ accomplishments on the two-year anniversary. Speaking before a crowd of law enforcement,… Read More »