Underdog Blog – Fairfax Criminal Defense Lawyer | Virginia DUI Attorney
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The Supreme Court says it may be okay for police to go to your backdoor to ask questions on a hunch
"One’s home is one’s castle," it is oft repeated. If that is so, then why has the United States Supreme Court this week unanimously said it might be okay for police may come to our backyard, knock on the rear door, and scare the crap out...
Repeatedly calling 911 is not a criminal crank call when intent to annoy or harass is absent
In Virginia, repeatedly calling 911 is not a criminal crank call when intent to annoy or harass is absent. Fountain v. Virginia, ___ Va. App. __ (Nov. 4, 2014). Police stopped Ms. Fountain for allegedly weaving in and out of her lane of car travel....
Parties and their families should not talk to jurors
Lawyers should warn their clients, and their clients’ relatives, friends and employees against talking to the jurors in the clients’ case. That was highlighted this week when Virginia’s Court of Appeal okayed a trial judge’s dismissal of a murder trial juror, after the juror informed...
Non-U.S. citizens: To request a marijuana lab test, or not? How else to prove weight?
Criminal convictions and sentences can be fraught with immigration land mines for non-United States citizens, and also with land mines for United States citizens wishing to travel abroad. For instance, and counterintuitively, a drug paraphernalia conviction can be more of an immigration kiss of death...
Beware the counterfeit money circulating out there
One danger of carrying currency is that we might accidentally receive and re-use counterfeit money, including money received from someone owing a debt, paying for goods or services, giving a gift, and as change from a cashier. Businesses handling heavy amounts of cash receipts are sensitive...
In Virginia, a DWI conviction is even possible for being drunk in one’s car in the home driveway, with the key in the ignition’s off position
What happens in Virginia if a person drinks heavily at home, is thrown or nagged out of the house by the remaining family members on a cold night for acting all drunk or for overstaying his or her welcome as a guest, and goes into his or her car in...
Converting 3 DWI’s to reckless driving in 7 days, against great odds and in the moment
Throughout the 1994 National Criminal Defense College’s Trial Practice Institute and 1995 Trial Lawyers College, we were repeatedly reminded and inspired to find, cultivate and execute our own personal magic in order to do great things for our clients. The idea is not for us...
The judge boomed to me: “Why does that not surprise me” that you’re going to trial rather than pleading guilty?
One day, a trial judge called my case to be heard, and I responded: "My client pleads not guilty. We are ready for trial." The judge boomed back "Why does that not surprise me?" after I had completed another recent trial with him. I forget...
The plight of criminal defendants alone in the courthouse, or with limited funds to hire a lawyer
Recently, I saw one of my more favorite misdemeanor court judges on a Monday deny a trial postponement in a domestic assault case to a lawyer who explained that the defendant had just hired him the previous Friday, and the lawyer wanted more time to...
Whether & When a Criminal Defense Lawyer Should Show His or Her Hand & Power
An excellent civil trial lawyer in Chicago prefers to downplay his abilities pretrial so that the opponent will not be prepared for the tidal wave of power that the lawyer will bring to the courtroom. He is not alone. My general approach is not to...