Underdog Blog – Fairfax Criminal Defense Lawyer | Virginia DUI Attorney
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Criminal Law and Immigration – Importance of Asserting the Fifth Amendment by Undocumented People
With the Trump administration likely will come a continued increase in immigration raids. Hopefully the subjects of those raids will know their Fifth Amendment right to refuse to state their immigration status. This all reminds me of my immigration law professor's emphasis on the importance...
The Hobson’s choice of agreeing to unsavory probation conditions or risking a more severe sentence
In 2008 in Grayson County, Virginia, Circuit Court, Lara was convicted of aggravated sexual battery of a mentally incapacitated victim. He was sentenced to twenty years suspending seventeen of those years, conditioned on probation obligations including participating in psychological counseling. U.S. v. Lara, ___ F.3d....
Virginia criminal jury trials- Judge may keep jurors who think the defendant is more likely guilty than not
In Virginia Circuit Court, a criminal trial will be by jury unless both sides agree to waive a jury. The jury selection process is critical, not only to weed out the least fair potential jurors, but to identify such potential jurors in the first place,...
SCOTUS bars Due Process vagueness challenges to voluntary sentencing guidelines
On March 5, 2017, I blogged about the importance of challenging criminal laws for vagueness and overbreadth. The very next day, the United States Supreme Court confirmed the overbreadth doctrine as it applies to statutes, but said that Due Process vagueness challenges do not apply...
Beware harsh probation conditions for those convicted of sex crimes
Soon after breathing a sigh of relief from being released from prison. criminal defendants then realize that their probation period will be no picnic. Rarely is probation any less of a picnic than for those convicted of sex felonies. Consider Charles D. Douglas's situation. For...
Virginia criminal defense- Preserving double jeopardy protection
Any time a criminal defendant is charged with multiple offenses, it is time for the defendant's lawyer to check for double jeopardy issues. Double jeopardy protection not only applies against being tried twice on different occasions for the same offense -- U.S. Const. Amend. V...
Criminal jury trial defense – SCOTUS makes headway against juror racism
Today, the United States Supreme Court (ruling 5-3) made headway against juror racism. Peña-Rodriguez v. Colorado, ___ U.S. ___ (March 6, 2017). Generally, under Peña-Rodriguez, if a juror's words show reliance on racism to convict, the usual prohibition is lifted against being able to impeach...
Criminal law & immigration – Keep state & local governments out of enforcing federal immigration law
Every time I visit a client in the Fairfax County, Virginia, jail evening lawyer visiting section, I cringe over the first of three booths, with a sign that it is reserved for ICE (immigration and customs enforcement) interviews. I cringe not because this means that...
Police outrageous conduct — An elusive defense for criminal defendants
Do we as a society want to tolerate police engaging in oral sex and sexual intercourse with prostitutes in order to nab them, smoking crack with addicts to arrest them, and busting heads of rival gangs to arrest members of gangs to which the police...
Virginia criminal defense- Cases for challenging searches after a traffic stop
When I started doing criminal defense in 1991, I was reminded that drug cases often are won or lost by whether the drugs get suppressed. Seeking suppression of physical evidence is important in any criminal case alleging possession of contraband, and beyond, which is why...