Underdog Blog – Fairfax Criminal Defense Lawyer | Virginia DUI Attorney

Here is the current Virginia state of the law for taking blood draws of DWI suspects without a search warrant: Virginia statutory law tells police to advise DWI arrestees who refuse breath or blood tests of alcohol and drugs, of the criminal and civil penalties...

It is easy to find ourselves challenged to succumb to automatic pilot mode during the day, constantly moving, moving, moving. Criminal defense lawyers constantly prepare for battle victory. Judges tell us when to come to court and when to start our trial. Clients merit timely...

Virulently and violently racist Dylann Roof hit the jackpot by getting David Bruck assigned as the lead trial lawyer in his federal hate crime/South Carolina church massacre trial. Roof has squandered that away by reducing Mr. Bruck to standby counsel during the capital sentencing trial...

Richard Arthur Schmidt faced quite the reversal of fortune this week in the Fourth Circuit, which overturned the trial court's reversal of his conviction on a guilty plea for traveling in foreign commerce and having sex with minor boy(s). United States v. Schmidt, ___ F....

The New York Times's Shaila Dewan recently depicted the sad circumstances, at best, about judicial and prosecutorial efforts to thwart journalists' access to and coverage of court actions.

Virginia legislators Scott Surovell and Kaye Kory are sponsoring legislation to further restrict, penalize, and under many circumstances make jailable the use of cellphones while driving. Virginia law already penalizes unlawful cellphone use while driving, as a law infraction that applies a fine.

Criminal defendants fingered primarily or exclusively on eyewitness testimony should fight tooth and nail to get the most beneficial jury instructions, should preserve any cross-racial identification issues for argument and appeal, and should consider whether an eyewitness identification expert should be hired.

In Virginia, marijuana possession is a misdemeanor but hashish oil possession is a felony. How is that possible, when hashish oil comes from marijuana and when the Virginia Code does not define hashish oil?

After all the dizzying strides that the marijuana industry has made in Colorado and other states where marijuana has become lawful, and continued efforts to legalize domestic hemp production, the Trump administration's marijuana policies may make federal litigation all the more necessary and extensive to...

Prosecutors, judges and everyone else are human. When their stomachs rumble with hunger and when their blood curdles at frightful testimony, they are going to have a human response. The best judges and prosecutors temper that response.