Underdog Blog – Fairfax Criminal Defense Lawyer | Virginia DUI Attorney

Unlawful weapon possession will often be charged against everyone near the weapon. As a Fairfax criminal lawyer, I warn you to beware who you associate with, due to the penchant that many police / law enforcement officers have to arrest everyone near contraband, and to...

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 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 -- 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 -- 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 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 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...

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 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...

Virginia plea deals are not guaranteed to be a reality merely because a criminal defendant accepts a plea offer. First is the risk that the prosecutor will back out from the deal before a judge accepts the agreement, or that the prosecutor will threaten to walk...