Underdog Blog – Fairfax Criminal Defense Lawyer | Virginia DUI Attorney

Suppressing evidence is great when granted for a Virginia criminal defendant. However, as a Fairfax criminal defense lawyer, I know that trial and appellate judges are often very resistant to granting relief to defendants who claim that incriminatory evidence was seized in violation of their...

Data gathering drives police, as does seizing contraband and finding smoking guns. As a Fairfax criminal defense lawyer, I warn you of the high risks of feeding police information and imagery, rather than -- as an actual or potential criminal suspect -- asserting your Constitutional...

Risk avoidance (RA) is essential with police. As a Fairfax criminal defense lawyer, I say that asserting your right to remain silent with police and to object to searches is essential, while I also say to avoid actions that may lead to an arrest, prosecution,...

onviction avoidance does not come from thin air. As a Fairfax criminal defense lawyer I know that even plenty of innocent people get convicted even when represented by among the best attorneys. Consequently, guilty verdict avoidance starts with overcovering risk. Of course the best way...

Jail avoidance (JA) is among an accused's top goals, with acquittal or outright dismissal being even better. As a Fairfax criminal defense lawyer, some of the most common initial questions -- good ones they are -- that I hear from accused people are: Will I...

Speedy trial considerations (ST) are several. As a Fairfax criminal defense lawyer, I point out that Virginia criminal defendants have both statutory and Constitutional (both state and federal) Constitutional ST rights. The federal Sixth Amendment provide: : "In all criminal prosecutions, the accused shall enjoy...

Simulated masturbation (SM) prosecutions call for full defense in Virginia. As a Fairfax criminal defense lawyer, I am delighted that the Virginia Court of Appeals generally bars a single crotch grab, by itself, from being an SM crime. Hazelwood v. Commonwealth of Virginia, 87 Va.App. 823...

Geofence search warrants can get you Fourth Amendment Constitutional search protections. As a Fairfax criminal defense lawyer, I know that to be so from the five-justice majority opinion in Chatrie v. United States, ___ U.S. ___ (June 29, 2026), which includes a spirited dissent by three...

Virginia evidence disclosure law has moved further forward for District Court matters, on balance, with the July 1, 2026, effective date of Virginia Code § 19.2-264.15, requiring commonwealth's attorneys / prosecutors to provide the defense with requested police reports at least ten days before the...

Hunch seizures do not satisfy the federal Constitution's Fourth Amendment's prohibition against unreasonable searches and seizures. As a Fairfax criminal lawyer, I welcome the Virginia Court of Appeals' opinion (albeit unpublished) reversing the conviction of Marquis Donte Chisholm, Jr., for possession of a firearm by...