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Kick me is not the reply to a Virginia criminal investigation nor prosecution
Kick me -- or a variation on that theme -- may be the response of many a Virginia criminal suspect or criminal defendant once the police nab them for a crime that they actually committed. As a Fairfax criminal lawyer, I know that the self...
Resisting Arrest in Virginia needs more than Disregarding Police Commands
Resisting arrest law risks excessive police use for charging unruly criminal defendants, as do charges of disorderly conduct and felony assault on law enforcement. As a Fairfax criminal lawyer, I have my eyes keenly attendant to that reality when defending each client charged with such...
Fairfax policing not immune from misconduct, says Fairfax criminal lawyer
Fairfax policing of course is not immune from misconduct, because police are humans, and all humans are fallible. As a Fairfax criminal lawyer, I am thankful that body camera footage caught Fairfax County, Virginia police officer Tyler Timberlake unnecessarily tasing a disoriented man not just...
Impaired driving trial persuasion – Virginia DUI lawyer
Impaired driving convictions risk jail and other adverse penalties. As a Virginia DUI lawyer, I know the importance of pursuing a full court press against such prosecutions. I know how important it is to move the judge and jury away from piecemeal evaluation of cases...
The persuasive and fighting power of diffusing and de-escalating tense situations
Recently, I was minding my own business, waiting for my client in the hallway of the Fairfax County jail's attorneys visiting section. Then I heard commotion where three meeting rooms away from mine, an inmate was ranting and raving at his lawyer, a kindly-spoken public...
Our Police State Must Be Dismantled, One Step at a Time
How do we reverse the Nation's oppressive police state of affairs? As I have blogged for over a decade, we start by shrinking the overgrown criminal justice system, starting with steps as simple as legalizing marijuana, prostitution, and gambling; heavily decriminalizing all other drugs; eliminating...
Winning at trial with the smoking video
For defending criminal and DWI prosecutions, the defense early on needs to move to preserve and obtain video, audio and photographic evidence of and related to the incident. At first blush, the criminal defense lawyer might ask whether it is better to try to make...
Enough is Enough – Fatal Police Shootings in Baton Rouge and Minnesota
I would have hoped that the only similarity between the Khmer Rouge and Baton Rouge/Red Stick, would be the word "rouge"/red rather than deadly abuse of power. We don't need nor merit police using excessive force with red sticks, blue sticks, guns, fists, tasers, nor...
Police must at least be competent and should instead be highly qualified
The Tulsa sheriff's department's hiring of volunteer sheriff Robert Bates on the apparent cheap cost the life of Eric Harris, a tragedy for Mr. Harris's family, Bates's conviction and pending sentencing, and likely a huge dollar payoff from any lawsuit that Mr. Harris's family has...
Linwood Lambert of Virginia died after twenty tasings
Recently, video footage was released of South Boston, Virginia, police in 2013 repeatedly tasing handcuffed Linwood Lambert, who died soon thereafter.