Underdog Blog – Fairfax Criminal Defense Lawyer | Virginia DUI Attorney

Drug court judges repeatedly hear police justify stops, frisks, searches and arrests of criminal suspects based on their purported "knowledge, training and experience" and behavior consistent with criminal activity. As a Fairfax criminal defense lawyer, I know that police have no superhuman cognition. I also...

Trial preparedness eliminates sweat in court, says Fairfax DUI lawyer Trial preparedness is the only option for a court date unless a settlement negotiation has been reached beforehand. As a Fairfax DUI lawyer, I do not prepare for trial in order to psyche out my...

Virginia DUI THC cases cannot be proven by prosecution with blood analyses alone Virginia DUI cases based on THC / marijuana blood content are insufficient to obtain a conviction on the mere basis of blood THC content alone. As a Fairfax DWI lawyer, I know...

Fairfax misdemeanor prosecutions without a prosecutor now risk dismissal more than ever Fairfax misdemeanor prosecutions without prosecutors have been common in the majority of this county’s misdemeanor cases for most of 2020 through present, except for lawyers from the commonwealth’s attorney’s office being routinely involved...

Police seizure under the Fourth Amendment happens when police apply any touching or force with intent to restrain the person Police seizure (PS) is critical to determining whether a law enforcement officer’s (LEO) encounter with a criminal suspect required probable cause to believe that the...

Fairfax prosecutor absence should not be interpreted as an invitation to go to District Court by yourself Fairfax prosecutor absence has for nearly a year been common for most Virginia misdemeanor cases in this county courthouse, other than for DUI, intimate partner assault, and fatal...

Trial success is about pursuing the extraordinarily persuasive story, says Fairfax criminal lawyer Trial success in Virginia criminal court comes from trial experience and ability, killer instincts, passion for the criminal defendant’s cause, and in-the-moment cunning. As a Fairfax criminal lawyer, I know that preparing...

Pretrial detention presumptions are reversed by Virginia legislation awaiting the governor’s signature Pretrial detention (PD) presumptions are a reality for presumed-innocent people prosecuted in Virginia for alleged designated repeat drug felony charges, robbery, other violent crimes, and other felonies. This is an even more serious...

Wet reckless is better than a DWI conviction, says Fairfax DUI lawyer Wet reckless (WR) in Virginia typically means amending a DUI charge to reckless driving generally under Virginia Code § 46.2-852 in exchange for completing the Virginia Alcohol Safety Action Program (VASAP), driving on...

Defensive attack will not fly against a Virginia criminal defendant’s own procedural error Defensive attacks against a Virginia criminal defendant’s self-created procedural error will not fly in criminal court. As a Fairfax criminal lawyer, I know that this rule is not automatically bad for the...