Underdog Blog – Fairfax Criminal Defense Lawyer | Virginia DUI Attorney
Fairfax Criminal Lawyer / Virginia DUI Attorney- Highly-Rated
Pursuing Your Best Defense Since 1991
In the courtroom battlefield, compassion must never make a lawyer hesitate to pull the proverbial trigger
Compassion and empathy are critical to winning in trial battle and to living a good life. However, a criminal defense lawyer has no business walking into the courtroom if s/he will let compassion, empathy, or anything else other than sound strategy make the lawyer hesitate...
Why battle in court when court involves so much unfairness?
Recently as we were headed to our respective courtrooms, a fellow criminal defense lawyer sarcastically remarked that we had entered the hallowed halls of justice. I replied: “More like guerrilla warfare with too many judges not being neutral referees”, that is, too many judges at...
Several ounces and thousands of dollars by themselves do not prove possession with intent to distribute marijuana
Police and prosecutors routinely have a knee-jerk claim that a few ounces of marijuana coupled with a few thousand dollars amounts to intent to distribute the marijuana. Let us say that police lawfully stop a suspect’s car, lawfully find two ounces of marijuana and a...
Persuading as just folks, without the airs of Hermes ties and gold cufflinks
One day during my year working for New York City’s Irving Trust commercial bank before starting law school, I walked into Tiffany’s in Manhattan on a Saturday to buy a friend a wedding gift, figuring I’d get a crystal bowl or some other doo-dad under one hundred dollars,...
A DWI Victory Obtained Through Getting the Breath Test Result Discounted
Recently, I won a Virginia driving while intoxicated/under the influence bench trial appeal after my client was convicted in the lower General District Court when represented by a different and very capable attorney. Here are a few highlights from this victory: First and foremost, criminal defendants who lose at trial in Virginia...
The persuasive power of letting the story tell itself
Successful trial work requires throwing one’s entire self into smart, intuitive, and inspired case review and preparation; work with one’s client and all witnesses; and sweat.. By the time the lawyer appears in the courtroom stage, s/he should be so well prepared and ready to win...
SCOTUS confirms that traffic stops must be concluded in a reasonable timeframe, and may not be prolonged without an independent lawful basis to do so
On April 21, 2015, the United States Supreme Court resolved a federal circuit court split by ruling 6-3 that traffic stops must be concluded in a reasonable timeframe (already settled Supreme Court caselaw), and may not be prolonged without an independent lawful basis to do...
Those meant for trial work will feel invigorated rather than exhausted by the battle
A recent online law firm article points out that a reason for lawyers to reject a potential litigation client is to weigh the potential benefits of the litigation against the exhaustion and the harm on a lawyer’s family relations that can come from the intense energy,...
Prosecuting wrongful killings by cops will not reduce police misconduct as much as overhauling the entire criminal justice system
The videotaped and other reported incidents of wrongful killings and other misconduct by police keep pouring in. With this month’s police killings of Walter Scott (shot in the back) and Eric Harris (shot by a part-time cop claiming he meant only to tase Harris), we...
Fourth Circuit judge recognizes the harshness and fallibility of the child pornography possession sentencing guidelines
With no prior convictions, on a federal court guilty plea to one count of child pornography, Steven Helton received a five year prison term and lifetime probation. U.S. v. Helton, ___ F.3d ___ (April 2, 2015). Helton could have fared much worse at trial, based...