Underdog Blog – Fairfax Criminal Defense Lawyer | Virginia DUI Attorney
Fairfax Criminal Lawyer / Virginia DUI Attorney- Highly-Rated
Pursuing Your Best Defense Since 1991
My Grandmother Passes
Ever since launching my website in 1999 and then my blog in 2006, I have made my life more transparent than ever, usually in various Sunday postings.  Last Thursday and Friday I went to the gathering and funeral for my grandmother Esther Zimmer. Her obituary is...
Government wastes resources outlawing K2 / Spice
Image from public domain. LSD once was lawful earlier in the Sixties. Now it is not. K2/Spice remains lawful in the majority of states, but Virginia just added itself today to the list of states outlawing it. D.C. police have threatened crackdowns on K2/Spice stores. Although LSD...
4th Circuit: A known suspicious person shifting around in a car does not a lawful stop make
Yesterday, the Fourth Circuit issued a great opinion reversing a drug conviction on a finding of no reasonable articulable suspicion to stop a suspect, where the stop was mainly based on law enforcement’s being familiar with his past criminal history, believing the suspect was acting uncomfortable in seeing people he knew...
The Supreme Court retreats from Crawford on hearsay
Supreme Court’s spiral staircase. Copyright Jon Katz (photographed October 2010). Today, the United States Supreme Court substantially retreated from Crawford v. Washington, 541 U.S. 36 (2004), in determining that the Sixth Amendment’s Confrontation Clause was not offended where the state trial court allowed into evidence the victim’s dying...
Jon Katz discusses an extradition to the U.S., today on BBC TV
Camera image from U.S. Geological Survey website.  Today, I appeared around 2:30 p.m. EDT, pre-recorded, on BBC TV Channel 1’s South East Today, on the Christopher Tappin extradition case that I have discussed here and here. The interview at BBC’s Washington, D.C., bureau was about...
Before Entering a Guilty Plea, Know How Irreversible it is
Photo from website of U.S. District Court (W.D. Mi.). When I started practicing criminal defense in 1991, the phrase “guilty plea” sounded like a dirty word, but I already knew that such pleas are a major part of the criminal “justice” system which otherwise would...
Appearing tonight on Fox5 TV news, Washington, D.C.
To those in the Washington, D.C., television area, watch me tonight around 5:15-5:30 p.m. on Fox 5, Washington DC, about Redskins owner Dan Snyder’s libel suit against the City Paper. The First Amendment rules, of course, always. The lawsuit filed yesterday in New York. I...
Limits on Police Power to Arrest for Misdemeanors not Committed in their Presence
Last year, I blogged about a 6-5 Virginia intermediate appellate court opinion affirming a drunk driving conviction where the DWI was allegedy committed on private property not used as a thoroughfare, and not committed in the presence of a police officer. Today, Virginia’s highest court...
Fourth Circuit: Virginia 251 marijuana dispositions are not always convictions for immigration purposes
Today, the Fourth Circuit ruled that a marijuana disposition under Va. Code § 18.2-251 (also known as 251, which I fully discuss here) is not always a conviction for immigration purposes. Crespo v. Holder, 631 F.3d 130 (4th Cir., Jan. 11, 2011) . Crespo says: “We thus start...
The Constitution substantially limits the “lawful orders” police may make
 Bill of Rights. (From the public domain.) Thanks to a listserv member for citing to a 1965 Supreme Court decision that underlines the unconstitutional overbreadth of statutes criminalizing one’s not obeying a "lawful order" of a police officer, where the statute does nothing to narrow such orders...
