Author Archives: Jay Butchko
Dealing With Protective Orders in Loudoun County Courts
Once upon a time, fighting a protective order in Loudoun County was essentially a waste of time. Now, as the number of false or inflated complaints continues rising, judges scrutinize these matters more closely at the ex parte stage, and are more willing to hear both sides of the story during appeals. A Leesburg… Read More »
Handling a Speeding Ticket in Leesburg
Speeding ticket fines have increased steadily over the years. That’s just the beginning. When considering court costs, and especially higher auto insurance rates, the true cost of a speeding ticket is about three times the listed fine. Furthermore, speeding dramatically increased during the pandemic. Many local law enforcement agencies are determined to reverse that… Read More »
Evidence in a DUI-Drugs Offense in Loudoun County
Virginia has a very broad DUI-drug law. Section 18.2-266 applies to “any narcotic drug or any other self-administered intoxicant or drug of whatsoever nature” that “impairs his ability to drive or operate any motor vehicle, engine or train safely.” Any drug could mean caffeine or other food additives, or Sudafed or another over-the-counter medicine…. Read More »
Direct and Indirect DUI Penalties in Virginia
The combined direct and indirect costs of a DUI conviction often exceed $20,000. These aren’t long-term costs. Most of them are due within three years after the conviction. Failure to pay this money could result in even worse direct consequences, like long-term incarceration. The costs are even higher if any aggravating circumstances, like a… Read More »
Family Member Fumes Over Mental Health Laws
A judge ruled a man accused of a fatal stabbing was unrestorably incompetent and therefore unable to stand trial. The alleged victim’s son called that ruling “overwhelmingly wrong.” At the time, the alleged victim was living at an assisted living facility that cared for people with mental health conditions. Immediately after his arrest, the… Read More »
What Is Considered Reckless Driving in Virginia?
Basically, reckless driving is operating a motor vehicle with conscious disregard for the safety of other motorists. The law lists several examples, including losing control of a vehicle or driving a vehicle with a serious mechanical defect, like faulty brakes. Reckless driving is not a fix-it ticket that courts dismiss upon proof of compliance…. Read More »
What Do You Need for a Gun License in Virginia?
Until 2020, Virginia had some of the most liberal gun possession laws in the United States. That year, lawmakers passed a bundle of laws that greatly restricted gun-carrying abilities. These laws included some objective roadblocks, like a background check, and some subjective ones, such as a red flag law (of sorts). Furthermore, pretty much… Read More »
Domestic Violence in Criminal and Civil Court
Most Americans have a very complex view of domestic violence, mostly depending on their gender and ethnicity. The method of communication is important as well. Civil and criminal domestic violence laws, however, apply equally to everyone. Police officers usually aren’t too concerned about disputes they see as civil matters. Domestic violence is an exception…. Read More »
Community Center Worker Faces Sex Crime Charges
Fairfax County officials arrested a 23-year-old woman who allegedly had an “illicit relationship” with a teenager who attended the center. The investigation began in early April 2024 after other center employees said they noticed an inappropriate relationship between the man and the teenager. Police arrested the man on April 20 on four counts of… Read More »
If Drugs Were in the Car, Am I Guilty of Possession?
Not necessarily. Proximity is the major element in a Section 18.2-250 or related matter. However, it’s only one of three elements of possession. The other two are outlined below. The state must establish all three elements beyond any reasonable doubt. So, essentially, prosecutors must amass an overwhelming amount of evidence on each point. Two… Read More »
