Underdog Blog – Fairfax Criminal Defense Lawyer | Virginia DUI Attorney
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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 prosecutions for soliciting minors- Fairfax lawyer comments
Virginia prosecutions for soliciting minors for sexual activity often involve sting operations with a police officer masquerading as a minor. As a Fairfax criminal lawyer, I would hope the image of a bearded, balding (let's add full of offensive body odor and ugly, if that...
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...
Fairfax inmate gets religious practice rights back with my advocacy
Fairfax inmate -- and all inmate -- religious rights do not stop at the jail door. As a Fairfax criminal lawyer, I successfully took that argument right to the county detention center authorities when obtaining authorization for my client to return to covering his hair...
Police lying to you does not let you lie back, says Fairfax lawyer
Police lying -- so long as the lie is not a false promise of leniency to the suspect -- is generally allowed by the courts for extracting a confession from a criminal defendant. As a Fairfax criminal lawyer, I say that when the police lie...
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...