Author Archives: Jay Butchko
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 »
Defending Aggravated Assault Charges in Loudoun County: A Primer
The aggravated assault arrest rate bottomed out in 2014. Since then, it’s increased almost every year. Now, law enforcement investigators aggressively pursue cases that, ten years ago, they considered civil matters and dropped. An often over-aggressive investigation usually means additional procedural defenses when the case goes to court. More on that below. Fortunately, when… Read More »
Lawmakers Mull Expanded Hate Crimes Law
Because of an increase in anti-Muslim and anti-Semetic incidents, Dan Helmer (D-Fairfax) wants to extend hate crimes law coverage to include ethnicity. Helmer’s bill would offer protection for Jewish people who may not identify with the religion, but whose heritage is connected to the culture. “My sons, like many other children, have faced antisemitism… Read More »
Breaking Down Forfeiture Proceedings in Virginia
Depending on your perspective, civil forfeiture, which is covered in Section 18.2-46.3 of the Virginia Code, may be the most essential or most oppressive law enforcement tool in the state. Essentially, this provision allows law enforcement to seize and sell any property related to criminal activity, such as a bank account associated with money… Read More »
Should I Hire a DUI Lawyer?
Most people know the Miranda Rights line “You have the right to an attorney; if you cannot afford one, the court will appoint one for you.” Indeed , the Sixth Amendment guarantees the right to counsel in criminal cases. However, this provision in the Bill of Rights doesn’t guarantee a free lawyer. Most Loudoun… Read More »
Triple Shooting in Virginia Beach on Christmas Eve
An apparent shootout killed one person and wounded two others, and police have no leads or suspects. Shortly after midnight Sunday, the Virginia Beach Police Department (VBPD) responded to a report of shots fired in the area of Riverbend and Lakecrest roads. There, officers found two men who had been shot. One of them… Read More »
