Underdog Blog – Fairfax Criminal Defense Lawyer | Virginia DUI Attorney

Computer hard drive. (Image from Pacific Northwest Laboratory’s website). On April 27, 2009, the Fourth Circuit joined other circuits that consider peer-to-peer file sharing to qualify as distribution under federal Sentencing Guideline § 2G2.2’s sentencing provisions for distribution of child pornography: "While this circuit has not...

Computer hard drive. (Image from Pacific Northwest Laboratory’s website). This past Saturday, we took our boy to the Thomas train fiesta at the Baltimore Railroad museum. For his peers, this is akin my excitement at the prospect of seeing the Police perform live once again. Among...

Among my biggest complaints about the grand jury system — at least the way it is run on the federal level, which is similar to the way it is run in the state-level jurisdictions where I practice — is that the whole show is run...

Courtesy SunWolf: A criminal defense lawyer’s criminal defense lawyer, showing lawyers the powerful path to humanizing our clients, through storytelling, kindness to all, summoning our inner magic, and a reminder that “reality is no obstacle.” Dr. SunWolf — the great storytelling lawyer who proclaims that...

Today, Underdog is three years old. We launched on 4-20-06.with this tribute to 420. Reprinted below is our 4-20-08 anniversary blog entry: Since our 2006 launching, Underdog has blogged every weekday, except for holidays and a few vacation days (sometimes I blog a few articles...

Often prosecutors are fond of proclaiming that defense counsel "opened the door." Which door is the prosecutor talking of, seeing that hundreds of thousands of doors exist within as little as a  mile radius of many courthouses. Paying homage to Lucy van Pelt, prosecutors of...

Why do cops repeatedly parrot back similar language in their incident reports, no matter the suspect? If there is a training manual with this standard language, I want it, whether through a freedom of information request or otherwise:   Here is some standard language I see...

In the days before Al Gore discovered the Internet, my law school legal research and writing instructor introduced us to the tomes — called Shepard’s Citations — through which we painstakingly checked whether court cases being cited by us had been overturned, reversed, or affirmed, or...

In the Fourth Circuit, "[t]he reopening of a criminal case after the close of evidence is within the discretion of the trial judge. See United States v. Walker, 772 F.2d 1172, 1177 (5th Cir. 1985); United States v. Molinares, 700 F.2d 647, 652 (11th Cir....

Where I usually practice law in Maryland, a drunk driving defendant with a good driving record and nothing unusual in his or her case is a good candidate for a probation before judgment after any guilty verdict. A PBJ prevents one from losing points and...