Underdog Blog – Fairfax Criminal Defense Lawyer | Virginia DUI Attorney
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Pursuing Your Best Defense Since 1991
Virginia DWI Defense Law – Defending Against a Test Refusal Charge
The Virginia prosecutor has the burden to prove beyond a reasonable doubt that the defendant unreasonably refused to submit to a breath or blood alcohol test; the defendant does not need to prove s/he reasonably refused (although having a good reason to refuse can help...
Virginia homicide defense and self defense – No obligation to retreat in one’s own home
Alcohol and guns do not mix. Inside defendant/appellant Marvin Hines's home, Wayne Hudson -- drunk since the previous afternoon -- was in "the heat of this out-of-control temper tantrum," while having a gun in his hand. Hines walked away to obtain Hines's own handgun and...
Criminal defendants’ Fifth Amendment rights after pleading guilty
Merely because other criminal defense lawyers represent the accused, does not mean they always have the best interests in mind for other criminal defendants. For instance, when co-defendants are charged with serious felony counts, the situation often looks like every man for himself as defendants...
Virginia sex crime defense – civil incarceration
Incarceration for those convicted of certain sex offenses does not automatically end at the expiration of the prison sentence. The law governing federal proceedings, Virginia, and other states enables the respective governments to seek continued incarceration of such convicts under so-called "civil commitment" laws.
DWI defense- Get the incident video
For DWI cases, I want the incident video if it exists. For all other criminal cases, I want the incident video unless I should first explore further with my client whether seeking the video will be the only reason that the prosecutor will himself or...
Persuasively Engaging the Judge & Jury Necessitates Their Wanting to Engage
Jurors are yanked from their jobs, families, and other obligations to be paid a pittance to render verdicts on monumentally critical criminal and civil matters. If the criminal defense lawyer does not appreciate this state of affairs, it is at his client's peril.
Part II – Pausing Before Hiring a Former Prosecutor/Former Member of the Opposing Army
In seeking a criminal defense lawyer, one might ask what motivated the lawyer to the criminal defense path, and whether and why the criminal defense lawyer will stick with and fight like hell for his or her client through thick and thin, through all the...
The illusion of needing to hire a former prosecutor for criminal defense – Part I
The passionate, committed, and winning criminal defense lawyer does criminal defense because it is in his or her blood, and s/he thrives with such work.
SCOTUS’s Birchfield decision misses the gross inaccuracy of breath testing in DWI cases
The next time the Supreme Court reviews a DWI case, it will be important to enlighten the justices on how inaccurate are breathalyzer machines.
Public Intoxication Law and Defense
Public intoxication arrests run rampant in Virginia. As a Fairfax criminal lawyer, I remember first witnessing a public intoxication (also known as drunk in public / DIP ) investigation and arrest when two courthouse sheriff's deputies called out for the suspect to "blow, blow, blow"...
