Author Archives: Jay Butchko
Larceny and Theft: A Complete Guide
Knowingly receiving stolen property, larceny (taking property), and theft (taking anything, such as keeping a rental car past the due date), are basically the same offense in Virginia. These infractions are usually misdemeanors, although they could be felonies, mostly depending on the value of the goods or services. A few other factors, such as… Read More »
Sentencing Options in Juvenile Cases
One of the primary goals of a juvenile sentence is to decrease the alarmingly-high recidivism rate. About 80 percent of convicted juvenile offenders are rearrested within three years. The much-criticized revolving door justice system is hard on everyone, including the state, offenders, their victims, and their families. Most juvenile defendants agree to plead guilty,… Read More »
Virginia’s Super Speeder Law
Several states, including Virginia, have a super speeder law. Virginia’s version of this law is in Section 46.2-862. This law hasn’t been significantly updated since the early 1990s, and it shows, as outlined below. Basically, super speeder tickets combine ordinary speeding tickets with reckless driving offenses. So, the short and long-term consequences could be… Read More »
Virginia’s Gun Possession Laws: What You Should Know
Political winds often change direction suddenly and unpredictably, but a Leesburg criminal defense lawyer is consistent and predictable. Attorneys stand up for your right to keep and bear arms in court. Additionally, lawyers give you solid advice throughout the criminal law process, so you are never in the dark. Gun Permits in Virginia For… Read More »
Top Five DUI Checkpoint Requirements
The Bill of Rights protects people from government overreach. But some Constitutional protections, most notably the Fourth Amendment, don’t apply at DUI checkpoints. Because of this shortcut, most police departments would probably set up DUI roadblocks every weekend if they could. But checkpoints are very costly and usually rolled out during Memorial Day Weekend… Read More »
The Three Ps of Drug Possession Offenses in Virginia
Yes, we know that possession only has one P. But in criminal court, the state must establish not only this P, but also two other Ps. More on that below. Back in the day, a drug possession offense was a slam-dunk conviction. The old days are over. Today, to many jurors, drug possession and… Read More »
FAQs About Protective Orders in Loudoun County
When they make domestic violence arrests, most Northern Virginia law enforcement departments require officers to tell alleged victims about their right to seek a protective order. At this point, there’s little evidence of a crime, beyond the alleged victim’s statement. But that’s enough evidence to obtain a protective order, because the burden of proof… Read More »
Would More Cameras Mean Lower Crime?
Virginia’s Attorney General believes that giving law enforcement officers access to private security cameras, along with additional technology bought with forfeiture funds, would reduce the state’s crime rate. Many of the technologies in question are already in place — like toll booth cameras, license plate readers, and privately owned security cameras — but could… Read More »
Bad Brakes and Legal Issues in Virginia
Bad brakes are usually a non-moving violation issue, at least in most states. However, in Virginia, driving with bad brakes could also constitute reckless driving. This infraction is a serious offense that, unlike a traffic ticket, has severe direct penalties and significant indirect consequences. Officers basically have unlimited discretion to issue a simple fix-it… Read More »
Defending Weapons Crime Charges in Virginia
In 2020, Virginia lawmakers radically transformed the state from one of the most gun owner-friendly jurisdictions in the country to one of the most gun owner-unfriendly states. Some of these changes were well publicized, while others, such as the closing of the Charleston loophole that restricted gun owner background checks, were under the radar…. Read More »
