Underdog Blog – Fairfax Criminal Defense Lawyer | Virginia DUI Attorney
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Pursuing Your Best Defense Since 1991
Fourth Circuit finds no Miranda violation
Today the Fourth Circuit affirmed a conviction for child pornography and attempted enticement of a minor. In doing so, the court found no Miranda violation, determining that the defendant was not in custody and was free to leave his home, even though police were circling...
Speaking Tomorrow at the Baltimore Immigration Summit
Tomorrow, November 19, at 2:00 p.m., I will be on a lawyers’ panel at the Baltimore Immigration Summit, discussing identifying, handling, minimizing, and neutralizing immigration minefields from criminal cases and convictions. Many of my criminal defense clients are not United States citizens, which requires me to be...
Supreme Court allows stiff gun sentencing to continue
Second Amendment or no Second Amendment, count on the Supreme Court to continue permitting legislation allowing stiff mandatory minimum sentences for possessing guns in relation to enumerated felonies. Yesterday, the Court unanimously held that the highest gun mandatory minimum specified for a Defendant’s conduct in 18...
Hear my radio interview podcast on Amazon pedophile book-gate
By Jon Katz, a criminal defense lawyer and DWI/ DUI/ Drunk Driving lawyer advocating in Fairfax County, Virginia, Montgomery County, Maryland, and beyond for the best possible results for his clients. https://katzjustice.com This past Friday, Dr. Joy Browne interviewed me on her talk radio show on  WOR 710-AM (710wor.iheart.com) about Amazon pedophile...
Winning when the prosecution cannot prove it is weed
Image from public domain. When police seem to catch a suspect red-handed with drugs, is all automatically lost? No. Defenses still can include contesting the stop and search that leads to the discovery of the alleged drugs; challenging whether the seized item(s) is actually a...
Talking about Amazon’s pedophile book-gate on today’s radio
By Jon Katz, a criminal defense lawyer and DWI/ DUI/ Drunk Driving lawyer advocating in Fairfax County, Virginia, Montgomery County, Maryland, and beyond for the best possible results for his clients. I will be on NYC’s WOR 710-AM’s (710wor.iheart.com) Dr. Joy Browne Show around 2:20-2:40 p.m. today about the law applying...
Federal trial judge provides further support for lawyer-conducted voir dire
When I am in a room of trial judges presenting a seminar, I sometimes urge them to expand the opportunity for lawyer-directed voir dire jury questioning/selection rather than letting judges do it. In Virginia, the law permits lawyer-directed voir dire, whereas custom permits it in...
Virginia marijuana defendants – Fairfax criminal lawyer on 251
Virginia marijuana defendants in some Virginia District courtrooms constitute a parade of unrepresented people on their first court date. As a Fairfax criminal lawyer, I know that word has gotten out that if a marijuana possession defendant has no relevant prior convictions, s/he can save...
Fourth Circuit confirms stiff barriers to police interpreting defendants’ words
Photo from website of U.S. District Court (W.D. Mi.). Police and prosecutors may be fond of presenting testimony to interpret alleged drug dealers’ words. However, they should beware, after the comparatively conservative (including for criminal cases) Fourth Circuit confirmed stiff barriers to such testimony. U.S. v. Johnson, 617 F.3d 286...
Beware harsh court filing deadlines
Court filing deadlines often can be harsh and inflexible, including for filing criminal and civil notices of appeal. It is best to meet court deadlines well ahead of time to avoid cold sweats when the court is closed due to inclement weather on the last...
