Underdog Blog – Fairfax Criminal Defense Lawyer | Virginia DUI Attorney
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Expunging DUI edited to improper- Fairfax criminal lawyer speaks
Expunging DUI charges that get reduced to a conviction for something less serious sounding, is a real challenge in Fairfax when the amended reckless count is reckless driving generally, which statute provides: "Irrespective of the maximum speeds permitted by law, any person who drives a...
Nearness impacts drug defense, says Fairfax criminal lawyer
Nearness and distance from controlled substances and are among the critical considerations in Virginia drug defense and all other contraband defense. As a Fairfax criminal lawyer, I know that the mere existence of contraband at one's residence is not enough, by itself, to obtain a...
Citizen’s arrests- Fairfax criminal lawyer on their limits
Citizen's arrests (CA's) are permitted to a certain extent by Virginia appellate caselaw. As a Fairrax criminal lawyer, I know that a police officer without jurisdiction to act as a police officer generally is empowered by Virginia appellate caselaw to detain and arrest people the...
Breakthrough negotiations- Fairfax criminal lawyer tells you how
Breakthrough settlement negotiations are key in criminal defense. As a Fairfax criminal lawyer, I know that merely going throug the motions without the attorney's putting their heart and sould into it can be as effective as trying to break a glass with a wet noodle....
Virginia DWI blood – Fairfax criminal lawyer on absent draw witness
Virginia DWI blood (VDB) draw trials require the live testimony of the blood analyst before the testing results can be admitted into evidence, unless the defense fails to file with the court a correct timely objection to a and crrectly-filed notice of intention by the...
Extended police stops – Fairfax criminal lawyer says beware
Extended police stops that have no Constitutionnal basis, are ripe for challeging as a Constitutional Fourth Amendment violation. As a Fairfax riminal lawyer, I know that numerous poice like to elongate their interaction with a suspect in order to fish for evidence of criminal activity,...
Video evidence authentication – Fairfax criminal lawyer comments
Video evidence (VE) can help or haunt a prosecuted person. As a Fairfax criminal lawyer, I know that VE can act as its own witness, with the watcher giving more credence to such footage than to live testimony, unless concerned about doctored, partially deleted, or...
Knives – Not all must be open carry, says Fairfax criminal lawyer
Knives and other potential and actual weapons should not be carried concealed before you know the relevant Virginia criminal law. which starts primarily at Virginia Code § 18.2-308 , which mainly provides: "A. If any person carries about his person, hidden from common observation, (i) any...
Plea negotiations that work- Fairfax criminal lawyer illustrates
Plea negotiations are a vital part of criminal defense. As a Fairfax criminal lawyer, I know that ideally no innocent person will plead guilty, no contest / nolo contendere, or Alford, and that people who committed crimes should not automatically deviate from pleading not guilty. In...
Mutual combat defense- Fairfax criminal lawyer on its limits
Mutual combat (MC) is among the possible defenses against a Virginia assault charge. As a Fairfax criminal lawyer, I know that the best defense against an assault charge is to keep one's arms and legs to oneself to avoid an assault prosecution in the first...
