Underdog Blog – Fairfax Criminal Defense Lawyer | Virginia DUI Attorney
Fairfax Criminal Lawyer / Virginia DUI Attorney- Highly-Rated
Pursuing Your Best Defense Since 1991
The risks of refusing a test that should be fully refusable
Bill of Rights (From public domain.) Field sobriety tests are junk science administered by cops who have no expertise to administer them, because junk science precludes having expertise. See how poorly is the performance when asking even a fully sober and awake person to follow unfamiliar instructions...
When a Jailer Suffers the Justice System’s Injustices / How Prepared Should a Prosecutor Be?
When I started practicing criminal defense, I spoke with a very experienced criminal defense lawyer who told me that he had never prosecuted, but expected he would love it if he had such a job; this was a variation on a theme of some former...
In praise of Ernie Lewis
Every criminal defense lawyer should attend the National Criminal Defense College’s Trial Practice Institute, known in shorthand as Macon for the program’s location. At least when I attended in 1994, competition for each Macon slot was very high among state-level public defender lawyers. The program sough diversity...
Cross examination publications recommended by Fairfax criminal lawyer
On a trial lawyers’Â listserv recently, a member passed on a law student’s request for publications for learning effective cross examination in criminal cases. While nothing replaces learning cross examination through live training and in the courtroom, some high quality publications do exist, including Larry Pozner’s...
Connecting with our clients, with their fears, and ours
Numerous potential criminal clients’ first words to me include: “This is my first time seeking a lawyer. I’m not sure what I am supposed to discuss,” as if there exists some generic script or information checklist suitable for every lawyer and client and every situation....
Is a great trial lawyer only born, or can one be taught?
Can great trial lawyering be taught, or is one only born with it? When I was a college senior considering law school, a relative panned my consideration of possibly being a trial lawyer. This relative, not a lawyer himself, viewed successful trial lawyers as being...
Come and listen to a story about a man named Jed
Do jurors want to be tortured for hours by droning lawyers, witnesses and judges, interspersed with waiting for bench conferences with silence that might be even more excruciating? Or, do they want to be transported into the middle of an interesting story, experiencing the action with...
For the ten thousandth time, don’t waive your right to remain silent
Susan Smith apparently would not have been convicted had she not spoken to the police. Mark Castillo smoothed prosecutors’ path towards a murder conviction — unless he successfully argues insanity — by calling the police this past weekend to tell them he had killed his three...
The ambiguity of silence; the silencing of ambiguity
Undoubtedly, cops have legions of tricks to convince suspects to give up their Miranda right to remain silent, starting with delaying an arrest and detention so as not to need to give such rights yet, proceeding to intimidating body language (including patting the cop’s handgun...
Criminal penalties for not reporting a felony that one has concealed
Every once in awhile, the media reports on federal prosecutions for "misprision of felony". This blog entry seeks to debunk any notion that it is a crime merely to fail to report a crime, as opposed to concealing a felony cognizable by a federal court and...
