Underdog Blog – Fairfax Criminal Defense Lawyer | Virginia DUI Attorney
Fairfax Criminal Lawyer / Virginia DUI Attorney- Highly-Rated
Pursuing Your Best Defense Since 1991
Justice Department moves on eliminating 100:1 cocaine powder: crack disparity
The Justice Department is moving further towards eliminating the 100:1 cocaine powder: crack disparity. On April 29, the Justice Department’s criminal division chief, Lanny A. Breuer, presented this written statement to the Senate on the matter. Breuer’s statement talks of the creation of a Justice Department-created...
Fourth Circuit: Individualized sentencing assessment must be put on the record
Bill of Rights. (From the public domain.) A federal trial judge imposed a below-guidelines sentence for a firearms case. However, on April 27, 2009, the Fourth Circuit remanded for a resentencing, based on the trial court’s failure to "place on the record an ‘individualized assessment’ based on...
Peer-to-peer file sharing as distribution
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...
Protect your rights against document subpoenas by clamming up always
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...
Overhaul the Grand Jury System
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...
When SunWolf speaks, gems emerge
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...
Underdog is three years old / Happy 420
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...
Watch out about opening doors
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...
When cops use “magic language”, watch out for exaggeration, omission, and prevarication
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:Â Â Here is some standard language I see...
Beware Shepard’s
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...
