Underdog Blog – Fairfax Criminal Defense Lawyer | Virginia DUI Attorney
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Pursuing Your Best Defense Since 1991
Congress moves ahead on eliminating the statutory crack:powder cocaine sentencing disparity
On May 1, 2009, I blogged about the Justice Department’s efforts on eliminating the statutory disparities between crack and powder cocaine sentencing. Thanks to Congressman Robert "Bobby" C. Scott (D-Va.) for his introduction of the "Fairness in Cocaine Sentencing Act of 2009." H.R. 3245. Families Against Mandatory...
More on the risks of viewing child pornography online without trying to save the images
On November 16, 2006, I blogged about a Pennsylvania Superior Court opinion that the crime of possessing child pornography from an online source (as opposed to a statute prohibiting the mere viewing of child pornography) requires that the defendant know that the image is actually being saved...
The First Amendment trumps Virginia’s unconstitutional harassment statute
Virginia has an unconstitutionally vague and overbroad harassment statute, which provides:  "§ 18.2-186.4. It shall be unlawful for any person, with the intent to coerce, intimidate, or harass another person, to publish the person’s name or photograph along with identifying information as defined in clauses...
Limit junk science testimony
Too many trial judges allow pseudo-expert cops to testify as expert witnesses on such topics as illegal drug sales and gang activity. Here is a Second Circuit case that at least puts brakes on testimony that masquerades as coming from the expert realm, but instead...
Persuading and fighting more successfully by humanizing opponents
Lately, I have gotten many new weekly ideas for persuasion and trial combat, through weekend t’ai chi push hands gatherings, daily solo practice, and ongoing viewing of videos and reading of books by today’s and yesterday’s t’ai chi masters. Here are some recent ideas: Learned at...
Fourth Circuit denies en banc review in the Whorley obscenity case
Bill of Rights (From public domain.) On March 9, 2009, I blogged about the Fourth Circuit’s decision upholding a conviction and steep sentence on counts for obscenity and child pornography in the form of Japanese anime drawings and allegedly obscene e-mails. U.S. v. Whorley, 550 F.3d...
Supreme Court tells judges to follow its rulings
Bill of Rights (From public domain.) Five years ago, the U.S. Supreme Court decided Crawford v. Washington, 541 U.S. 36 (2004). For testimonial evidence, Crawford scrapped the rule of Ohio v. Roberts, 448 U.S. 56 (1980), that the Sixth Amendment right to confront one’s accusers does not preclude...
New drug conspiracy opinion from Fourth Circuit
On June 17, 2009, the Fourth Circuit issued an opinion in a drug conspiracy case, addressing the following particularly important issues in U.S. v. Marc Jeffers. ___ F.3d ___ (4th Cir., June 17, 2009): – The Fourth Circuit rejected Jeffers’s request for plain error review...
Fight repeat offender sentencing tooth and nail
Bill of Rights. (From the public domain.) Although a relative warned me, when I considered law school, that many lawyers are dissatisfied by the tediousness of practicing law, an essential part of practicing criminal defense — if not all litigation battle — is to meticulously obtain,...
The sometimes long and prickly road of probation
NOTE: Underdog’s June 2 blog entry is being posted late. Stay tuned for a resumption of regular daily postings. Criminal defendants sometimes focus on their time out of jail versus in jail, and not enough time on the often onerous and even draconian deprivations of...