Underdog Blog – Fairfax Criminal Defense Lawyer | Virginia DUI Attorney
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Refusal conviction risks sometimes merit taking Virginia DUI cases to trial
Refusal convictions are what such a high number of Virginia DUI defendants want to avoid that many are ready to plead guilty or no contest/nolo contendere to the parallel DUI charge in a deal to consequently enter as nolle prosequi/ not prosecuting the remaining...
Negotiations in Virginia criminal cases – Legal fictions & plea deal collapse
Negotiations are typically a critical part of criminal defense, always from a position of trial readiness. As a Fairfax criminal attorney, I know that negotiations are not always about seeking a guilty/ no contest/ Alford plea deal versus working to convince the prosecutor to dismiss...
Dismissing misdemeanor marijuana cases in 2 Virginia courthouses
Dismissing or not prosecuting misdemeanor marijuana possession cases is now the policy of the chief prosecutors in Portsmouth (except for likely still prosecuting juveniles for possessing marijuana) and Norfolk Virginia. As a Fairfax drug lawyer and civil libertarian, I applaud this move and encourage a...
Jury selection- Fairfax criminal lawyer on early disclosure about sentencing
As harsh as the Virginia criminal justice system generally is when compared to its two northern neighboring jurisdictions, a blessing in Virginia is that lawyers in criminal and civil cases get to question and talk with potential jurors at length in the jury selection/ voir...
Blood draws can be inadmissible in DUI cases – Virginia lawyer
Blood draws are less common in DUI cases than are breath alcohol (BAC) tests. As a Virginia DUI lawyer, I know that blood draws are common in DWI cases, whether to check for drugs beyond alcohol, because of an injured driver, or because an alcohol...
Immunity and the Fifth Amendment – Fairfax Criminal Lawyer
Immunity law needs to be considered by any trial witness wishing to assert the Fifth Amendment right to remain silent. As a Fairfax criminal lawyer, I have experienced several case dismissals for assault cases where the complaining witness hires a lawyer who tells the prosecutor...
Liquor Risks Beyond DUI Alone
Liquor (alcohol, beer and wine) use in Virginia calls for knowing the relevant criminal laws applying to alcohol. As a Virginia DUI and criminal lawyer, I know that police remain on alert for suspected alcohol law violators.Virginia criminalized liquor laws from DUI to public intoxication....
Sex Offender Registration – Virginia Supreme Court Affirms Conviction
Sex offender registration is but one of the harsh realities for those convicted in Virginia for rape, other sexual assault, child pornography, and soliciting minors for sex. As a Fairfax criminal lawyer, I know that the conviction and sentence for such crimes is a sharp...
Tape recorded evidence is crucial says Virginia DUI lawyer
Tape recorded evidence should be commonplace in police encounters with criminal and DUI suspects. As a Virginia DUI lawyer, I know that the United States Park police and the Pentagon police are among the law enforcement agencies that routinely do not videotape DUI and other...
Conspiracy can exist between heroin seller & buyer- Fairfax drug lawyer
Conspiracy charges enable prosecutors to seek convictions for an agreement to commit a crime (together with a step towards effectuating the crime) even when the actual agreed crime is not completed. As a Fairfax criminal lawyer, I know that plenty of drug buyers are acting...
