Underdog Blog – Fairfax Criminal Defense Lawyer | Virginia DUI Attorney

Controlling runaway prosecution witnesses is an approach and skill that is essential in a criminal defense lawyer's arsenal. As a Fairfax criminal lawyer, I accept as a given that plenty of Virginia police and civilian prosecution witnesses are going to try to take control of...

Fairfax trial judges -- and all judges -- must follow the requirement of Miranda v. Arizona to preclude trial testimony and evidence from being presented by the commonwealth's attorney about the defendant's answers to questioning after asserting their right to remain silent or to the assistance...

Virginia obstruction of justice convictions cannot be obtained for mere flight from police. As a Fairfax criminal lawyer, I know that the foregoing scenario changes if the criminal defendant pushes on a police officer to get away from him or her. Lucas v. Commonwealth of Virginia,...

Virginia street gang law makes it a class 5 felony (1) to participate in or be a member of a criminal street gang, and (2) to knowingly and willfully participate in any predicate criminal act (3) committed for the benefit of, at the direction of,...

Virginia uncorroborated sexual assault claims cannot lead to a conviction without credible testimony from the alleged victim. As a Fairfax criminal lawyer, I know that for that reason, in 1977 the Virginia Supreme Court reversed a rape conviction finding the complainant's incredible as a matter...

Harsh Virginia drug laws remain despite the commonwealth's liberalization personal marijuana use. As a Fairfax criminal lawyer, I see this week's harsh nine-year prison sentence for Brittney Griner for smuggling less than a gram of THC oil as an opportunity for prosecutors, judges and jurors...

Virginia prosecutions for soliciting minors for sexual activity often involve sting operations with a police officer masquerading as a minor. As a Fairfax criminal lawyer, I would hope the image of a bearded, balding (let's add full of offensive body odor and ugly, if that...

Virginia drug overdose situations have the potential of barring a conviction when the criminal defendant meets the standards of the commonwealth's good samaritan law for ovedosing drug users. As a Fairfax criminal lawyer, I find it wonderful that -- for the time being -- overdosing...

Virginia false criminal allegations can lead to wrongful arrests, prosecutions and convictions. As a Fairfax criminal lawyer, I know that videotaping and audiotaping equipment is now so advanced and inexpensive that one can barely take a stroll in a neighborhood without being filmed by residents'...

Virginia DWI BAC (blood alcohol concentration) testing is unreliable if the breath technician does not at least twenty minutes before testing, check the inside of the suspect's mouth for foreign substances. As a Fairfax DUI lawyer, I know that post-arrest breathalyzer testing is supposed to...