Underdog Blog – Fairfax Criminal Defense Lawyer | Virginia DUI Attorney

Virginia's presumption of no bail law gets no presumption of innocence offset, as confirmed this week by Virginia's Supreme Court. Virginia v. Duse, ___ Va. ___ (Feb. 12, 2018). As a Fairfax criminal lawyer, I know the harshness of Virginia (Va. Code § 19.2-120) and...

Virginia probation revocations -- as well as probation revocations in any other American jurisdiction -- are risked by new convictions for crimes committed during one's probation period. As a Fairfax criminal lawyer, I know the stiff probation revocation sentencing that can result from proof of...

Virginia marijuana law is woefully behind neighboring District of Columbia and Maryland, which both do not criminalize possession of personal amounts of marijuana (but D.C. still criminalizes smoking marijuana in public). As a Fairfax criminal lawyer, I know that Virginia police overemphasize ferreting out marijuana...

Marijuana field testing is junk science. As a Virginia criminal lawyer, I say so, because even a drug chemist's testimony is subject to reasonable inquiry and sometimes attack, even when the chemist is completely legitimate with his or her credentials and honesty.

DUI repeat charges should be avoided like the plague. Nonetheless, my urging people not to drive within 24 hours of consuming any alcohol either often falls on deaf ears or never reaches those ears in the first place, until it is too late.

Challenging showup identifications is a must for criminal defendants whose guilt or innocence rises or falls on post-crime identification by the alleged crime victim or witnesses to the incident. Daquan Lamar Scott's lawyers knew about and pursued challenging showup identifications, but Scott nonetheless got convicted...

Persuading judges, opponents and others is a skill that requires experience and a number approaches, some of which I address here, here and here.  As a Fairfax, Virginia, criminal lawyer, I know how essential it is to skilfully engage everyone we aim to persuade. Today,...

Suspect flight from police can enhance a conviction risk. As a Virginia criminal lawyer, I have known for a long time that when a suspect flees from police, the jurors are permitted to be instructed that flight can be considered as consciousness of the suspect's...

Virginia drug sentencing can involve stiff penalties. As a Fairfax criminal lawyer, I fight to win drug cases, and, for any sentencing, to obtain the most favorable sentence

Fairfax DUI defense and DUI defense throughout Virginia often involves dealing with probation violation charges, and dealing with VASAP (the Virginia Alcohol Safety Action Program). Probation violation charges are too common but typically avoidable. Registering with VASAP is mandatory for anyone convicted in Virginia for...