Criminal Defense

Presumption absence (PA) with BAC testing -- and these presumptions are rebuttable -- can be an important achievement at a Virginia DWI trial proceeding pursuant to Virginia Code § 18.2-266, but does not guarantee an acquittal. As a Fairfax DUI lawyer, I know that the BAC...

Witness absence (WA) should not be in your arsenal of wishful thinking as the accused. Nonetheless, as a Fairfax criminal defense lawyer, I have recently experienced numerous recent prosecution WA's, and share with you how to pursue the maximum possible benefit for your liberty when...

Frisking without reasonable articulable suspicion is only allowed in very narrow circumstances. As a Fairfax criminal defense lawyer, I know it is essential to challenge such searches tooth and nail. Unfortunately (but at least in an unpublished opinion, that therefore is not binding), a 2-1...

Overdosing (ODing) is an irreplaceable element of avoiding a Virginia drug possession conviction under the Commonwealth's good samaritan law. As a Fairfax criminal defense lawyer, I know that the Virginia Court of Appeals refuses to water down the statutory OD definition means "a life-threatening condition...

Switched actions may lead a trial judge to conclude that a police frisk / patdown was lawful under the federal Constitution's Fourth Amendment based on reasonable articulable suspicion versus unlawful as a mere hunch. As a Fairfax criminal defense lawyer, I know this to be...

Experts [EWs] in criminal trials are limited by the following Virginia rule of evidence: "In criminal cases, the opinion of an expert is generally admissible if it is based upon facts personally known or observed by the expert, or based upon facts in evidence." Virginia...

Roulette may end up being the exercise when a Virginia DUI defendant declines post-arrest breath testing, because if a blood search warrant follows, that often is accompanied with a breath testing refusal charge, which, if convicted as a first offense, amounts to one year of...

Attacks on statutory constitutionality must be a part of your attorney's arsenal. As a Fairfax criminal defense lawyer, I know that such challenges are more likely to prevail at the appellate court level than the trial court level, but challenges need to be preserved for...

Witness cross examination (WCE) is critical for your criminal lawyer to execute and to do well. As a Fairfax criminal defense lawyer, I know that WCE is an art that is an essential part of persuasion and damage control. A legitimate series of questions for...

Winning your criminal trial must be a goal of your Virginia lawyer. As a Fairfax criminal defense lawyer, I know that even if you prefer a plea deal, your prosecutor / assistant commonwealth's attorney can be more motivated to agree to a favorable (and sometimes...