Underdog Blog – Fairfax Criminal Defense Lawyer | Virginia DUI Attorney
Fairfax Criminal Lawyer / Virginia DUI Attorney- Highly-Rated
Pursuing Your Best Defense Since 1991
Persuasion through being open, without revealing secrets nor all weak spots
At the Trial Lawyers College, I learned that its founder Gerry Spence is at once an incredibly powerful persuader, very in touch with his strengths and weaknesses, and ready to reveal his vulnerabilities. This started out as simply with Gerry's voicing his disappointment that "Nobody...
“You always smile when you object,” the prosecutor told me
A prosecutor recently pointed out "You always smile when you object" when we try cases together. I replied that I smile while firing my proverbial bullets, and mentioned the great World War II movie scene where the American soldier calmly smiles in the moment, while...
Virginia Criminal Defense – Trial combat by fire with limited discovery
The battle lines are drawn. Prosecutors and police are not the friends of the criminal defense. Judges are at best the referees. A criminal defendant needs an able lawyer at all stages of the prosecution.
Criminal Defense – Negotiating with a poker face and battling with equanimity
A poker face is preferable with negotiations, so that the opponent does not see when the criminal defense lawyer is flinching or exulting. A good example from cinema is in Pretty Woman, where Richard Gere's and Julia Roberts's characters arrive at an agreed price for...
Virginia Criminal Defense – Beware when District Court recordings boomerang back at you
In this day and age of quality and relatively inexpensive recording devices, Virginia should join the 21st century by having its District Courts record their proceedings. Until that day comes, I will bring a court reporter or my audio recorder, depending on the situation.
None of us is safe from being prosecuted, making effective assistance of criminal counsel essential
None of us are safe from being prosecuted, making effective assistance of criminal counsel essential. Too many politicians, police and prosecutors have a penchant for painting the criminal law in terms of black and white: "You do the crime, you do the time;"
Virginia DWI – Court of Appeals permits warrantless blood draws by silence
Virginia's Court of Appeals asserted this week that it complied with Supreme Court case law when permitting a warrantless blood draw in a DWI case where the defendant was neither asked whether he would take the test nor refused. I disagree. Wolfe v. Virginia, ___...
Virginia DWI law- Beware seriously injuring anyone in the process
A DWI conviction is bad enough. If one drives DWI and in the process injures another person, the situation is all the more serious. In Virginia, it is a Class 6 felony (jailable up to five years) to drive DWI in a manner causing permanent...
Virginia Criminal Defense – Fail to appear at your own peril
In Virginia, willfully failing to appear for a felony court date is a Class 6 felony, jailable up to five years with a fine up to $2,500.00 Willfully failing to appear for a misdemeanor case is a Class 1 misdemeanor, jailable up to one...
Virginia DWI defense- Attacking DFS and hospital BAC analyses
In some Virginia DWI/DUI prosecutions under Virginia Code § 18.2-266, the police happen upon a car crash situation where the suspected drunk driver is unconscious and taken to the hospital by ambulance. As a Fairfax DUI lawyer, I know that where the police do not then...
