Author Archives: Jay Butchko
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 »
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 »
