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Virginia uncorroborated sex assault claims need credibility

Virginia uncorroborated sexual assault claims cannot lead to a conviction without credible testimony from the alleged victim. As a Fairfax criminal lawyer, I know that for that reason, in 1977 the Virginia Supreme Court reversed a rape conviction finding the complainant's incredible as a matter...

Harsh Virginia drug laws- Fairfax criminal lawyer on avoiding them

Harsh Virginia drug laws remain despite the commonwealth's liberalization personal marijuana use. As a Fairfax criminal lawyer, I see this week's harsh nine-year prison sentence for Brittney Griner for smuggling less than a gram of THC oil as an opportunity for prosecutors, judges and jurors...

Virginia drug overdose safety valve- View of Fairfax criminal lawyer

Virginia drug overdose situations have the potential of barring a conviction when the criminal defendant meets the standards of the commonwealth's good samaritan law for ovedosing drug users. As a Fairfax criminal lawyer, I find it wonderful that -- for the time being -- overdosing...

Virginia false accusations can be thwarted when video exists

Virginia false criminal allegations can lead to wrongful arrests, prosecutions and convictions. As a Fairfax criminal lawyer, I know that videotaping and audiotaping equipment is now so advanced and inexpensive that one can barely take a stroll in a neighborhood without being filmed by residents'...

Virginia DWI BAC testing requires 20 minute advance mouth check

Virginia DWI BAC (blood alcohol concentration) testing is unreliable if the breath technician does not at least twenty minutes before testing, check the inside of the suspect's mouth for foreign substances. As a Fairfax DUI lawyer, I know that post-arrest breathalyzer testing is supposed to...

Separating Virginia DUI prosecutors from police intervention

Separating Virginia DUI prosecutors from police officers in the case is often an important start for defending the accused. As a Fairfax DWI lawyer, I know that police feel invested in each case, often after being out on road at exhausting hours and in extreme...

Virginia Miranda loopholes- Fairfax criminal lawyer says beware

Virginia Miranda loopholes can be looked at cynically as an effort by those hostile to Miranda v. Arizona, 384 U.S. 436 (1966), to do an end-run against that landmark Supreme Court decision requiring custodial police interrogation to be preceded by warning the suspect of their Fifth Amendment Constitutional right...