Underdog Blog – Fairfax Criminal Defense Lawyer | Virginia DUI Attorney

Here are details on my recent bench trial acquittal for my client charged with visiting a bawdy place and with disorderly conduct: First, I made a brief opening statement, where I tried not to introduce discovery that might not ever see the light of day...

On January 18, 2017, the Virginia Senate Transportation Committee declined taking action on the bill, for now on Virginia Senate Bill 860, which would have criminalized texting and driving and most other cellphone use when coupled with any violation of the traffic code and other...

A January 19, 2017, opinion from the federal Fourth Circuit provides important insight into the criminal liability of corporate executives, and the so-called "two-inference" jury instruction. United States v. Blankenship

Criminal defendants are presumed innocent, so juries generally cannot be commanded to presume guilt from a set of circumstances and shift to the defendant the obligation to rebut that presumption. On the other hand, Virginia law does not prohibit trial judges from instructing juries on...

President Obama has commuted Chelsea Manning's (Born Bradley Manning) prison sentence from thirty-five years to seven years. Yes, prosecutors from his administration pushed for Manning's original sentence, but at least President Obama has tempered that with this commutation. Of course this commutation has raised the...

On January 12, 2017, the National Academy of Sciences released its lengthy report on "Health Effects of Cannabis and Cannabinoids." The report is too lengthy for me to have reviewed yet. A cursory check seems to show the report's recognizing potential medical benefits of cannabis/marijuana,...

Dylann Roof represented himself at his federal capital sentencing trial phase. He put forth no effort to prevent a death sentence, which helps explain how the jury quickly reached a death sentence verdict (within three hours of deliberation) at the sentencing phase The trial judge...

Settlement negotiations are an essential part of most criminal defense work, whether the negotiations seek an outright dismissal, continuance for possible dismissal with or without dismissal conditions, or any other number of resolutions right up to convictions involving amended or dropped charges and/or agreements as...

Those opposed to a robust criminal defense can protest all they want about defendant's getting off on technicalities. I reply that the Bill of Rights is not a technicality, nor are procedural rights that are enshrined in statutes. Criminal defendants will be happy to win...

Soldiers and street fighters battle without referees nor the expectation of referees' presence. They fight in the law of the jungle. As we approach four years of the buffoon-elect in chief's White House tenure, I have low overall expectations of Trump's upcoming nominees to...