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Cross examination publications recommended by Fairfax criminal lawyer

On a trial lawyers’ listserv recently, a member passed on a law student’s request for publications for learning effective cross examination in criminal cases. While nothing replaces learning cross examination through live training and in the courtroom, some high quality publications do exist, including Larry Pozner’s...

Connecting with our clients, with their fears, and ours

Numerous potential criminal clients’ first words to me include: “This is my first time seeking a lawyer. I’m not sure what I am supposed to discuss,” as if there exists some generic script or information checklist suitable for every lawyer and client and every situation....

Come and listen to a story about a man named Jed

Do jurors want to be tortured for hours by droning lawyers, witnesses and judges, interspersed with waiting for bench conferences with silence that might be even more excruciating? Or, do they want to be transported into the middle of an interesting story, experiencing the action with...

The ambiguity of silence; the silencing of ambiguity

Undoubtedly, cops have legions of tricks to convince suspects to give up their Miranda right to remain silent, starting with delaying an arrest and detention so as not to need to give such rights yet, proceeding to intimidating body language (including patting the cop’s handgun...

Justice Alito surprises by strengthening Batson

Bill of Rights (Image from the public domain.) Once a person becomes a Supreme Court justice, no concern should exist about being pleasing enough to senators and the president to get onto a higher court (and getting elevated to a higher court or retained on the existing...

Yow! I AM having fun, on the road to a win

Zippy the Pinhead is my favorite comic strip. Zippy spews non sequiturs, repeatedly proclaims "Yow!", and asks "Are we having fun yet?" in this overcommercialized society that tells people they won’t be glad til they use Dial. Every four years, he runs for president. Trials...