Aggravated assault is an apt phrase for characterizing Virginia's malicious wounding statute. As a Fairfax criminal lawyer, I read with a dropped jaw at Lennis McNair, Jr.'s ability to convince a judge to sentence him only to three months active jail time, despite being convicted...
Home visits by poiice are common. As a Fairfax criminal lawyer, I know that the Fourth Amendment limits the time, place and manner of those visits. For starters, the Fourth Amendment requires police to have probable cause to believe the existence of relevant criminal activity...
Police raid activity is filled with adrenaline by police and their suspects, civilians being taken by surprise, and the moment of truth of helping to save one's skin by asserting one's right to remain silent and to a lawyer, or to do the opposite, thus inviting...
DWI first offense convictions in Virginia now enable driving anywhere during the one-year license suspension period withe the alcohol ignition interlock. As a Fairfax DUI lawyer, I know that this option is available only so long as the conviction was not for a blood alcohol...
Annoyance, harassment and online trespass can be crimes in Virginia. As a Fairfax criminal lawyer, I post this second part of a two-part article on this area of the criminal law in the commonwealth. Part one is here. In key part, Virginia's computer annoyance trespass...
Harassment in one form or another risks a Virginia prosecution under one or more parts of the Virginia Code. As a Fairfax criminal lawyer, I here address Virginia's key statutes prohibiting such conduct. Among the most commonly used Virginia statutes in this category are those...
Virginia drug lawyer work involves dealing with a harsh sentencing scheme, if the defendant gets convicted. As a Fairfax criminal lawyer, I knoow that the good samaritan ("GS") law is not only essential for reviewing when a drug overdose is involved, but that the GS...
Fairfax criminal defense -- and defense in all criminal courts -- includes making every effort to exclude all adverse statements actually and allegedly made by the defendant. As a Virginia criminal lawyer, I look at the totality of the circumstances for such challenges, including the...
Fairfax DUI lawyer / Virginia driving under the influence attorney Jon Katz knows that a prosecution for drug-impaired driving is defensible. At the same time, it bears stating that driving under the influence of any drug is a crime in Virginia, whether or not the...
Bottlenecked jury trials are the current reality in Virginia during the coronavirus, with unincarcerated criminal defendants still needing to wait many months to get their cases before a jury. As a Fairfax criminal defense lawyer, I see the opportunities, risks and challenges in this state...
Virginia assault is a damning accusation, says Fairfax criminal defense lawyerVirginia assault -- also known as assault and battery ("A&B") -- is among the most damning misdemeanors that a person could be charged with. As a Fairfax assault lawyer and Virginia criminal attorney, I know...
[caption id="attachment_85466" align="alignright" width="300"] Virginia sentencing must only be by jury at a defendant's asking- Speak out[/caption] Virginia sentencing should not be by underinformed jurors, let alone by jurors at all, says Fairfax criminal lawyer Virginia sentencing starts with a jury recommendation if the jury convicted. As...
Improper driving ("ID"), which is an infraction, is often a negotiated result sought in a Virginia reckless driving case, but much less often attainable for a DUI case. As a Fairfax criminal lawyer, I recently obtained the big leap of an ID plea deal in...
Indecent exposure ("IE") is a Virginia Class 1 misdemeanor, jailable up to one year with a fine up to #2,500.00. As a Fairfax criminal lawyer, I know that Virginia's anti-nudity laws cover a wide range of behavior, from what should be socially and legally permissible...
Fairfax blood DUI trials -- and any Virginia blood DWI defense under Va. Code § 18.2-266 -- presents its own unique challenges. As a Fairfax criminal lawyer, I know that if one's blood draw driving under the influence of alcohol or drugs case in this...
[caption id="attachment_85003" align="alignright" width="290"] Warrantless Virginia misdemeanor arrests- When they are permitted & not[/caption] Warrantless Virginia misdemeanor arrests may spell a prosecutor's defeat when the cop is not a witness, says Fairfax criminal lawyer Warrantless Virginia misdemeanor arrests call for careful criminal defense attorney analysis about the...
Deadlines for initiating Virginia misdemeanor prosecutions -- also known as the statute of limitations -- are generally one year. As a Fairfax criminal lawyer, I know that limitations are placed on prosecuting misdemeanors so that potential crime suspects may avoid spending their entire lives not...
Jury plan approval is needed by the Virginia Supreme Court county-by-county before jury trials may resume. As a Fairfax criminal lawyer, I know that the county's Circuit Court plan is approved and will first provide resumed jury trials to incarcerated criminal defendants, followed by jury...
President Trump prides himself in talking outrageously. As a Fairfax criminal lawyer, I know that when Donald Trump speaks in disregard of the rule of law and free speech and free press, that can lead police and mobs to disregard those rights as well. Plenty...
Juvenile & Domestic Relations District Court (“JDR”) is one of two Virginia misdemeanor courts, the other one being the General District Court (“GDC”). As a Fairfax criminal lawyer, I know that jurisdiction and venue sometimes needs challenging in Virginia criminal cases. Today’s blog entry focuses...
