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Object to inadmissible jury sentencing evidence – Fairfax criminal lawyer
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 bad checks risks a theft conviction – Virginia criminal lawyer
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 from bringing a machete to a courthouse gunfight – Fairfax lawyer
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 – Insufficiently Reliable says Fairfax Criminal Lawyer
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 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 expert witnesses in Virginia criminal cases- Fairfax lawyer
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 does not always assure acquittal
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...
DUI arrests – Fairfax DWI lawyer on not throwing in the towel
DUI arrests are opportunities to go to battle rather than throwing in the towel, says Fairfax DWI lawyer. DUI arrests and all other arrests present the criminal defendant with no choice other than to proceed with a full court press for his or her defense....
Rarely do judges question jurors on their verdicts – Fairfax criminal lawyer
Judges usually will not question jurors after post-verdict polling, says Fairfax criminal lawyer. Rarely do judges question jurors on their verdicts after they are polled -- within moments of the jury verdict being read in open court -- to assure that this verdict was indeed...
Theft prosecutions require proof of date and value- Fairfax criminal lawyer
Theft prosecutions need to be defended tooth and nail, says Fairfax criminal lawyer Theft prosecutions cannot be obtained in Virginia without proof beyond a reasonable doubt of the date of the crime and that the item(s) allegedly stolen had at least some value. Wright v....
