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Cross exam in Virginia trials addressed by Fairfax criminal lawyer

September 15, 2021

Cross exam is a vital part of Virginia criminal trial persuasion. As a Fairfax criminal lawyer, I have experienced and seen the critical difference between simply participating in trial advocacy law school classes and continuing legal education programs, and actually doing effective cross in the...

Masked justice must not compromise justice says Fairfax criminal lawyer

June 19, 2020

Masked people abound as Covid-19 continues without a care, moving from host to host, slowing here and surging there. As a Fairfax criminal lawyer, I know that coronavirus must not be permitted to water down justice. For Due Process and the Sixth Amendment's Confrontation Clause...

Jeopardy Attaches Once a Witness is Sworn Confirms a Fairfax Judge

May 10, 2019

Jeopardy is among the essential avenues for criminal defense lawyers to consider. As a Fairfax criminal lawyer, I know that prosecutors might have the temptation to dismiss a case mid-trial when they see their chances of victory slip, but that such action precludes later renewing...

Immunity and the Fifth Amendment – Fairfax Criminal Lawyer

April 14, 2019

Immunity law needs to be considered by any trial witness wishing to assert the Fifth Amendment right to remain silent. As a Fairfax criminal lawyer, I have experienced several case dismissals for assault cases where the complaining witness hires a lawyer who tells the prosecutor...

Police are from the same cloth as all court witnesses

July 25, 2017

Police are from the same cloth as all court witnesses, drawn from the general population that ranges from the angelic to the amoral to the sinister. Neither the law nor good sense merits cloaking police with any more presumption of believability nor honesty, than any other...

When Prosecutors and Police Interfere with Defense Efforts to Speak with Prosecution Witnesses

February 23, 2017

Prosecutors and police are here to serve the public, and not the other way around. Too many of them forget that. Power corrupts too many people. Criminal defendants are members of the public, as are their lawyers. Prosecutors and police should tread carefully to ever...

Prosecutor to his witness: “That is defendant’s lawyer. You do NOT have to talk with him”

October 16, 2015

The lawyers ethics rules and governing law generally prohibit lawyers, including prosecutors, from advising or encouraging non-party witnesses from talking with opposing lawyers. Just in case anyone was going to call me paranoid about my view that too many prosecutors and police do just that,...

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