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Attenuation trumps earlier 4th Amendment issues in Fairfax case
Attenuation can trump earlier Fourth Amendment violations. As a Fairfax criminal lawyer, I read with interest chief Fairfax County Circuit Court Judge Penny Azcarate's application of such law to deny a Virginia criminal defendant's challenge to a child pornography-yielding search of a computer and cellphone....
Embracing the 2nd Amendment Is Critical for the Criminal Defense
Embracing your firearm rights is a very important approach of your attorney if you are accused of a crime in that category. As a Fairfax criminal lawyer, I strongly support giving full teeth and strength to your Second Amendment right to bear arms / firearms...
Contesting Virginia firearm prosecutions with the 2nd Amendment
Contesting Vrginia firearm prosecution sometimes needs to draw on the protections of the Constitution's Second Amendment. As a Fairfax criminal lawyer, I know that we Virginia criminal defense lawyers must not rely on Constitutional arguments of statutory invalidity alone in pursuing victory for our clients,...
Winning Virginia criminal trials with the 5th Amendment & catchy slogans
Winning Virginia criminal trials is exhilarating, and, more importantly, great for the Virginia DUI, misdemeanor of felony defendant. As a Fairfax criminal lawyer, I know that victory in court starts long before the trial date, to include full and smart preparation, digging and visualizing to...
Secondary offense stops addressed by Virginia DUI lawyer
Secondary traffic offenses in Virginia are traffic violations that expressly do not permit the issuance of a traffic citation, summons or ticket unless in conjunction with a primary offense, which is a violation of one of more other traffic or criminal laws of the commonwealth....
Tire chalking is a Fourth Amendment search says Fairfax criminal lawyer
Tire chalking is a common way for police or other parking ticketers to monitor whether a vehicle has overstayed the maximum duration for a parking space. As a Fairfax criminal lawyer I know that any incursion of government employees onto one's property might implicate the...
Criminal Law and Immigration – Importance of Asserting the Fifth Amendment by Undocumented People
With the Trump administration likely will come a continued increase in immigration raids. Hopefully the subjects of those raids will know their Fifth Amendment right to refuse to state their immigration status. This all reminds me of my immigration law professor's emphasis on the importance...
The lengths to which the courts allow the Fourth Amendment to be stretched to its breaking point
This police state still exists because too many people support and tolerate it, and because it has taken on a life of its own. The police state can still be reversed, but we need to work together and doggedly to reverse it.
Using the First Amendment Against the Criminalization of Free Expression
Beware when a judge sees the First Amendment’s free speech clause as a hindrance to judicial administration, perhaps emphasizing that the First Amendment is not absolute and does not protect the right to cry “fire” in a crowded theater. (As it turns out, a Supreme...
Fairfax gun defense- SCOTUS response
Fairfax gun prosecutions can get aggressive. As a Virginia criminal lawyer, I know that self styled progressive prosecutors -- including in my county where Steve Descano is the elected commonwealth's attorney -- may often be better for criminal defendants' interests than those geared towards monolithic...
