Author Archives: Jay Butchko
What You Should Know About DUI Jail Release
Immediate jail release might be the most important, and most overlooked, component of a DUI defense. Pretrial detention basically transforms the presumption of innocence, the cornerstone of all criminal defenses, into a presumption of guilt. Incarcerated defendants have only limited contact with their attorneys. This limit makes a thorough pretrial investigation almost impossible. Furthermore,… Read More »
Drug-Free Zones in Loudoun County
The possession, sale, manufacturing, and distribution provision in Section 18.2-255.2 is a remnant of 1980s “get tough on drugs” laws. This law makes such possession, sale, manufacturing, and distribution a separate felony if the defendant was within 1,000 feet of a prohibited place. A thousand feet is basically three football fields. Many parts of… Read More »
Domestic Violence: Direct and Collateral Consequences
Frightening domestic violence statistics dominate the media. Here’s one statistic that’s frightening to defendants. Up to 35 percent of domestic violence claims are exaggerated or fabricated. Frequently, this exaggeration or fabrication is unintentional. We remember events selectively. Other times, the deception is intentional, mostly because the alleged victim wants an advantage in a parallel… Read More »
Police Take Murder Suspect Charged in 1991 Into Custody
A man who illegally left the country and lived in El Salvador for three decades is back in court, facing allegations that he murdered his wife. At a press conference, Fairfax County Police officers said that the defendant was charged with a fatal stabbing in 1991 in West Falls Church. Police said the man,… Read More »
Bristol Police Break Up Drug Trafficking Network
Three people who were allegedly at the top of a meth distribution network are in police custody after officers executed search warrants at a local hotel. During the search, investigators reportedly found around 1.5 pounds of meth, two guns, and around $650 in cash. They now face multiple charges. Two suspects were taken to… Read More »
If I Took a Breathalyzer Test, Am I Automatically Guilty?
Of course not, although it might seem that way. The conviction rate in Breathalyzer cases is much higher than the conviction rate in non-test cases. Virginia, like most other states, has a per se DUI law. If the defendant’s BAC level was above the legal limit, the defendant was intoxicated as a matter of… Read More »
Workplace Food Dispute Ends in Seventy-Year Prison Sentence
Nearly three years after a man brutally murdered a colleague who stole his lunch from the break room refrigerator, the judge closed the book on a chilling case. In April 2021, a 58-year-old man took the defendant’s lunch from the office fridge at the Virginia Target they both worked at. The next day, the… Read More »
Fighting a Traffic Ticket in Loudoun County
In the old days, fighting a traffic ticket in Loudoun County was easy. Usually, a municipal court wasn’t a court of record. So, defendants could automatically appeal the verdict. Then, at the appeal hearing, the arresting officer often didn’t appear, so the judge dismissed the case. The environment is different now. Most municipal courts… Read More »
Building a Successful Defense in an Assault Case
Ultimately, a successful defense in an assault or any other case must create a reasonable doubt as to the evidence. A criminal case doesn’t decide if the defendant “did it” or not. Rather, the outcome of a criminal case hinges on what the state can prove. The less evidence prosecutors have, and the stronger… Read More »
Cops Offer Cash Reward for Suspect’s Capture
Investigators are looking for a man wanted in connection with a November 2023 shooting, and they’re offering $5,000 for information that leads to his arrest and conviction. Officers say a 26-year-old Big Stone Gap man was shot and killed around 8:40 p.m. on November 14 in the 3700 block of Wharf Lane. The primary… Read More »
