Underdog Blog – Fairfax Criminal Defense Lawyer | Virginia DUI Attorney
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Habitual Drunkard VA Statute is Unconstitutional
Habitual drunkard laws are found in the Virginia Code and in federal immigration law. As a Fairfax DUI lawyer, I am delighted that a deeply divided United States Court of Appeals for the Fourth Circuit this week invalidated Virginia's habitual drunkard law as unconstitutional. Manning,...
Appearing alone in court – Fairfax criminal lawyer weighs in
Appearing in criminal court alone can be dicey depending on the circumstances. As a Fairfax criminal lawyer, I know that defendants often want to give themselves time to find and pay for a lawyer, but they also need to know the risks of entering the...
Facing court alone – Fairfax criminal lawyer on its risks
Facing court without a lawyer can be risky even for the most seemingly simple appearances. As a Fairfax criminal lawyer, I know that unrepresented criminal defendants are fishes out of water facing a highly experienced judge and a prosecutor whose abilities run from knowing the...
Hunches do not justify police stops says Fairfax DUI lawyer
Hunches by themselves do not permit police stops of suspects. As a Fairfax DUI lawyer, I know that at minimum, the police officer needs reasonable articulable suspicion to stop a suspect. Moreover, Virginia has not yet recognized a community caretaker basis for police to stop...
Videotaping does not reveal all says Virginia DUI lawyer
Videotaping is an advance over not having videotaping of police encounters. At the same time, police filming does not reveal the entire situation. As a Virginia DUI defense lawyer, I know that effective motions hearing and trial cross examination of police is essential for criminal...
Handgun convictions without firearm testing – Fairfax criminal lawyer
Handgun convictions in Virginia do not automatically require the recovery nor testing of the weapon. As a Fairfax criminal defense attorney, I know that a firearm element of a firearm offense requires proof that the item is “any instrument designed, made, and intended to fire...
Child Pornography Definition Is Broad Says Virginia Criminal Lawyer
Child pornography will always be a strong focus of federal and state prosecutors. As a Virginia criminal lawyer, I warn people interested in child pornography to obtain any necessary psychological or other help to stay away from it. To those interested in adult pornography, I...
Medications are not a DWI defense says Fairfax DUI lawyer
Medications about around us, hawked on commercials, sold like candy over the counter, and prescribed at a dizzying pace. As a Fairfax DUI lawyer, I know that the crime of driving under the influence applies both to alcohol and drugs. Many Virginia DUI defendants suggest...
Invoking right to a lawyer – Virginia criminal lawyer weighs in
Invoking one's Fifth and Sixth Amendment right to not talk with police without a lawyer so often spells the difference between liberty and conviction and incarceration. As a Virginia criminal defense attorney, I know that appellate courts only protect this right when invoked clearly and...
Defending DWI-Refusal Charges – Virginia DUI Lawyer Weighs In
Defending in trial against allegations of DWI and refusal to submit to blood alcohol content (BAC) testing by breath or blood testing presents its own opportunities and challenges. As a Virginia DUI lawyer who has taken numerous of such cases to trial, I provide the...
