Underdog Blog – Fairfax Criminal Defense Lawyer | Virginia DUI Attorney

Trial ability (TA), experience, and killer instincts are essential for your Virginia criminal defense lawyer. As a Fairfax criminal lawyer, I know that many criminal defendants want (or think they want) an attorney who is a masterful negotiator. I say that ideal is to have...

Pointing a gun at another person risks getting you convicted of assault in Virginia. Duane Eugene Sholl learned that the hard way by being convicted of assaulting a law enforcement officer (a Virginia Class 6 felony) and sentenced to one year of active incarceration. Sholl...

Testimony preparation (TP) is a vital part of your work with your criminal defense attorney. As a Fairfax criminal lawyer, I know that TP starts with my very first meeting with a potential client who may testify for his or her assault, drug, DUI or...

Excessively long police stops may (or may not) be your ticket to a better result in your Virginia criminal prosecution. As a Fairfax criminal lawyer, I know that "Traffic stops are analogous to investigatory Terry stops. Rodriguez v. United States, 575 U.S. 348, 354 (2015)....

Switching the occupant of a car's driver seat is sometimes practiced to help the actual driver avoid a Virginia DUI prosecution. As a Fairfax criminal lawyer, I know the downsides of doing so include: (1) It is a crime to cover up another person's criminal...

Plain sight is the delight of police and the bane of a criminal suspect. As a Fairfax criminal lawyer, I was not surprised to read that Joseph Blake Widgeon's lost his challenge to his car search that followed a law enforcement officer's (LEO's) seeing an...

Invalid Virginia arrests occur when a misdemeanor does not take place in front of the law enforcement officer, and where an exception to the foregoing rule does not apply. Va. Code § 19.2-81. As a Fairfax criminal lawyer, I know that among those exceptions is...

Texts (TXTS) about actual or potential drug deals too often litter the seized cellphones of suspected drug dealers. As a Fairfax criminal lawyer, I too often see cellphone extractions of my alleged drug dealing clients that have incriminating incoming and outgoing drug transaction communications out...

Drug dogs (DDs) run rampant with police departments / law enforcement officer (LEO) departments, sniffing for drugs, explosives and other evidence. As a Fairfax criminal lawyer, I know that a dozen years ago, the federal Supreme Court by a 5-4 decision found that the Constitution's...

Blurts run amok with too many people stopped by police. As a Fairfax criminal lawyer, I shook my head in my hand as I read about this blurt from now-convicted Virginia drug and gun defendant David Witcher, who went down at his non-jury trial: “'I...