Author Archives: Jay Butchko
Double Jeopardy
The Fifth Amendment has a clause protecting against being prosecuted a second time following an acquittal or a plea bargain for a crime, or, essentially, more than one punishment for the same offense. But there is a caveat here: state and federal governments may, indeed, prosecute separately for the same crime, and even two… Read More »
Resisting Arrest in Nevada
When the police determine that you need to go to jail and you don’t agree, your first instinct may be to resist their efforts. There may be 100 good reasons you think the cops are out of line, but none of them give you the right to fight back against officers who are trying… Read More »
Defending Vehicular Manslaughter or Homicide Charges in Nevada
Vehicular homicide: it’s a horrendous crime on so many levels. It means that as the person charged with the crime, you are responsible for someone’s death. No, you didn’t intend for things to turn out this way—maybe you were behaving stupidly, and things got out of control. But someone is now dead, and the… Read More »
Is Solitary Confinement a Good Idea?
Solitary confinement: some say it is the only way to control the most violent prisoners in this country. But the fact of the matter is that across America in the states that have reduced the use of solitary confinement, the rates of violence have actually declined. The Facts Over 100,000 prisoners in American institutions… Read More »
Retail Theft, aka Shoplifting
The holiday season may bring to mind visions of sugarplums and tinsel for lots of Americans, but for retailers, the focus is on theft. As the busiest shopping season of the year, they know that shoplifters are out in full force. The majority of all retail theft—roughly 80 percent– occurs during the holidays. Between… Read More »
Voter Fraud
2024 promises to be a crazy election year, making it worthwhile to take a look at voter fraud issues that could lead to some real problems for individuals who are charged. The Facts About Voter Fraud Most Americans care about election integrity and believe fraud of any kind is absolutely unacceptable. That being said,… Read More »
When is Free Speech Not so Free?
We often hear discussions about the First Amendment’s guarantee of free speech. It’s a constitutional right, one that many throughout the world do not enjoy. What does this right entail, and what is not included? Defining Free Speech Speech in this country relates to actual words, but includes actions, as well. The Supreme Court… Read More »
When Teens Murder
When a couple of teens took a joyride one August 2023 morning, their mischief took a wicked turn. As the 17-year-olds careened the streets of Las Vegas just off the strip, they spotted former Police Chief Andreas Probst, who’d been out taking a ride on his bicycle. The teens spotted Probst, and deliberately ran… Read More »
What is a Gag Order, and Other Things Inquiring Minds Want to Know
There’s been a bit of a hullabaloo related to a recent gag order that was issued against former president Donald Trump by Judge Tanya S. Chutkan in his upcoming Washington, D. C. trial, leading Mr. Trump to cry foul, while others are breathing a sigh of relief. With all the talk about gag orders… Read More »
When Men are Charged with Domestic Violence, Despite Women Being the Real Perpetrators
If you’ve been charged with domestic violence (DV), you are facing some serious legal penalties. But what if prosecutors have it backwards, and the violence in your relationship is directed at you, not emanating from you? When heterosexual couples have violent relationships, men are often blamed as the aggressor. But is that always accurate?… Read More »