Judges in a Virginia felony or class 1 misdemeanor Circuit Court jury trial sitting with a jury must first preside over a jury sentencing trial (if the jury convicts) before the judge sets the final sentence. Va. Code § 19.2-295.1. The sentencing risks of a...
Snowy days do not usually close our Fairfax criminal law firm. We are open today, January 14, despite the snow that remains on the ground from yesterday. The Fairfax courthouse is open regular hours today, while some nearby courthouses are closed. As a Fairfax criminal...
Embezzlement is not limited to employee misdeeds, says Virginia criminal lawyer. Embezzlement in Virginia is defined as wrongfully and fraudulently using, disposing, or concealing any valuables "received for another or for his employer." Va. Code § 18.2-111 Embezzlement is a form of theft. As a...
Assault defenses when unwanted touching is alleged - Fairfax criminal lawyer. Assault defenses in Virginia include demonstrating that the defendant's touching was "justified or excused.” Perkins v. Virginia, 31 Va. App. 326 (2000). As a Fairfax criminal lawyer, I know that although a "kiss is...
Cocaine is what Ella Fitzgerald gets no kick out of , but in Virginia, a conviction for the mere possession or use of cocaine or any other Schedule I or II drug kicks the defendant with a Class 5 felony offense carrying up to ten...
Achieving victory in court and beyond can be like a gladiator fight, like the law of the jungle. I know this as a Fairfax criminal lawyer. Plenty of great civil lawyers have told me that they simply could not do criminal defense themselves, with all...
MaryJane/ marijuana legalization is about freedom of choice, personal privacy, and shrinking our overgrown police state. As a Fairfax criminal lawyer, I urge Virginia's lawmakers this legislative session to make major inroads for decriminalizing and ultimately legalizing marijuana....
Speech is not always protected under the law, says Virginia criminal lawyer. Speech, more specifically free speech and free expression, is something I am zealous about protecting under the law. As a Virginia criminal lawyer, I know that we need the First Amendment to the...
Hate speech does not justify eroding the First Amendment, says Fairfax criminal lawyer. Hate speech and hate crimes remain too prevalent in society. The following are but a few examples: Dylann Roof's racism led him to commit mass murder at a Charleston church in 2015....
Repeat drug offenses risk enhanced sentencing, says Virginia criminal lawyer. Repeat drug convictions risk mandatory minimum and enhanced prison sentencing both on the Virginia state and federal court level. As a Virginia criminal attorney, I know that the financial incentives to deal illegal drugs might...
[caption id="attachment_73038" align="alignright" width="300"] Holidays need not be the time for alcohol arrests & convictions - Fairfax lawyer[/caption] Holidays don't necessitate alcohol arrests, says Fairfax DUI lawyer. Holidays bring police trolling for DUI arrests, if not also public intoxication arrests. From pre-Christmas to New Year's...
License suspensions and revocations are a harsh reality for those who miss Virginia court deadlines for paying court-ordered fines, costs and restitution. As a Virginia criminal lawyer, I know that driving on a suspended or revoked driving license can bring serious penalties....
Object to inadmissible jury sentencing evidence, or have the Virginia criminal defendant suffer the consequences. As a Fairfax criminal lawyer, I know that in the heat of battle the defendant's lawyer needs nevertheless not to overlook both objecting timely when an objection needs to be...
Passing checks on insufficient funds risks a theft conviction. Va. Code § 18.2-181. As a Virginia criminal lawyer and as a former commercial bank examiner/auditor during the year before law school, I know that passing bad checks is all too common. Fairfax criminal lawyer on the...
Danger abounds when insufficiently armed for court, says Fairfax criminal lawyer. Danger lurks around every corner in a criminal courthouse. As a Fairfax criminal lawyer, I know it is essential to go to court fully prepared for battle. Criminal defense is not an exercise for...
Drug field testing should not be used to justify pretrial detention nor a conviction, says Fairfax criminal lawyer. Drug field testing is used by police to claim probable cause to search and arrest suspects, and by prosecutors for making pretrial detention/bail/bond arguments, and by Virginia...
Risks must be taken in criminal defense, says Virginia criminal lawyer. Risks can abound in criminal defense. As a Fairfax criminal lawyer having defended over three thousand criminal defendants since 1991, I fully know that. For my clients who actually committed the crime for which...
Qualifying a proposed expert witness for a Virginia criminal trial both rests in the sound discretion of the trial judge, for starters. As a Fairfax criminal lawyer, I also know that qualifying an expert witness for a criminal trial requires the following: If scientific, technical,...
Witness unavailability for the prosecution will not automatically avoid a conviction for a criminal defendant, which I have said many times as a Fairfax criminal lawyer. Mitchell Larnell Bennett learned that lesson when the Virginia Court of Appeals last week affirmed his felony drug distribution...
Coach Bobby Lesser was one of my earliest inspirations at having fun while working -- followed by my public defender office mate Mitch Egber -- rather than feeling like a starch white-shirted duplicate of all the other worker bees. Were I superstitious, which I claim...
