Underdog Blog – Fairfax Criminal Defense Lawyer | Virginia DUI Attorney

Pointing a gun at another person risks getting you convicted of assault in Virginia. Duane Eugene Sholl learned that the hard way by being convicted of assaulting a law enforcement officer (a Virginia Class 6 felony) and sentenced to one year of active incarceration. Sholl...

Testimony preparation (TP) is a vital part of your work with your criminal defense attorney. As a Fairfax criminal lawyer, I know that TP starts with my very first meeting with a potential client who may testify for his or her assault, drug, DUI or...

Excessively long police stops may (or may not) be your ticket to a better result in your Virginia criminal prosecution. As a Fairfax criminal lawyer, I know that "Traffic stops are analogous to investigatory Terry stops. Rodriguez v. United States, 575 U.S. 348, 354 (2015)....

Switching the occupant of a car's driver seat is sometimes practiced to help the actual driver avoid a Virginia DUI prosecution. As a Fairfax criminal lawyer, I know the downsides of doing so include: (1) It is a crime to cover up another person's criminal...

Plain sight is the delight of police and the bane of a criminal suspect. As a Fairfax criminal lawyer, I was not surprised to read that Joseph Blake Widgeon's lost his challenge to his car search that followed a law enforcement officer's (LEO's) seeing an...

Invalid Virginia arrests occur when a misdemeanor does not take place in front of the law enforcement officer, and where an exception to the foregoing rule does not apply. Va. Code § 19.2-81. As a Fairfax criminal lawyer, I know that among those exceptions is...

Texts (TXTS) about actual or potential drug deals too often litter the seized cellphones of suspected drug dealers. As a Fairfax criminal lawyer, I too often see cellphone extractions of my alleged drug dealing clients that have incriminating incoming and outgoing drug transaction communications out...

Drug dogs (DDs) run rampant with police departments / law enforcement officer (LEO) departments, sniffing for drugs, explosives and other evidence. As a Fairfax criminal lawyer, I know that a dozen years ago, the federal Supreme Court by a 5-4 decision found that the Constitution's...

Blurts run amok with too many people stopped by police. As a Fairfax criminal lawyer, I shook my head in my hand as I read about this blurt from now-convicted Virginia drug and gun defendant David Witcher, who went down at his non-jury trial: “'I...

Assault trials (ATs) can be roller coasters in Virginia. As a Fairfax criminal lawyer, my view is that plenty of alleged victims prevaricate to police and on the witness stand, which also happens too often with many other Virginia misdemeanor and felony prosecutions. How should...