Underdog Blog – Fairfax Criminal Defense Lawyer | Virginia DUI Attorney
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Pursuing Your Best Defense Since 1991
Offensive words do not permit a swing says Fairfax criminal lawyer
Offensive words by themselves do not support a claim of self defense, nor does the act of someone getting in your face. As a Fairfax criminal lawyer, I was not surprised to read an unpublished opinion from the Virginia Court of Appeals that rejects a...
Child neglect- Fairfax criminal lawyer on the defenses
hild neglect prosecutions can arise in many circumstances, including death or illness from allegedly administering the wrong medicine, and alleged driving under the influence of alcohol or drugs. As a Fairfax criminal lawyer, I know that the ideal for treating children in your care is...
Suppression appeals- Fairfax criminal lawyer comments
Suppression appeals by Virginia assistant commonwealth's attorneys / prosecutors are not automatically precluded by res judicata / estoppel grounds. Perez Flores v. Commonwealth of Virginia, ___ Va. App. ___ (Oct. 1, 2024). As a Fairfax lawyer, moving to integrate my suppression motion into the trial is...
Difficult factfinders- Fairfax criminal lawyer comments
Difficult factfinder and other challenging litigation situations abound with criminal defense, whether from harsh laws, prosecution-friendly procedures and evidentiary rules, biased jurors, judges who do not give the defense enough time to prepare and present their case, deaf-acting prosecutors, or police acting irritated when Virginia...
Fairfax plea negotiating- Is the victim on board?
Fairfax plea negotiating -- as in the rest of commonwealth -- is an art that involves not only the Virginia criminal defendant, but also the criminal defense lawyer, the prosecutor / assistant commonwealth's attorney, the purported victim(s) and the judge. On top of that are...
Assault dismissal- Fairfax criminal lawyer on achieving it
Assault dismissal -- or else acquittal -- is the ultimate goal when charged with this alleged Virginia crime. I have gotten Fairfax assault cases and such cases in other jurisdictions acquitted, dismissed on the trial date (whether by agreement with the prosecutor or under the...
Texting stings – Fairfax criminal lawyer on danger of words
Texting stings are rampant. They constitute easy police work that can be done by law enforcement officers (LEO) with much of the work from the comfort of a desk or armchair while having a snack. As a Fairfax criminal lawyer, I watch with sadness and...
Engaging prosecutors – Fairfax criminal lawyer’s how-to
Engaging prosecutors is essential for your Virginia criminal attorney to be able to do well. As a Fairfax criminal lawyer, I recently witnessed the truism of all of this in Fairfax Circuit Court. My client reached a favorable plea deal in a serious felony case...
Hiding the PBT ball can get whacked, says Fairfax DUI lawyer
Several times, I have won Virginia DWI trials by keeping out the preliminary breath test (PBT) results for police hiding/ failure to clearly advise the drunk driving suspect prosecuted under Virginia Code § 18.2-266 that they have the right to refuse the test, or by...
Border risks with your devices- Fairfax criminal lawyer says beware
Border risks abound with your cellphone and laptop computers. As a Fairfax criminal lawyer, I have been well aware all times this year that I have driven into and out of Canada, about how I would deal with any decision (which did not materialize) by...