Entrenched ways of prosecuting in Northern Virginia have been engrained in the Fairfax County commonwealth's attorney's office, starting with chief prosecutor Robert Horan from the 1960's and continuing with his successor and former deputy Ray Morrogh; in Arlington, going back to chief prosecutor Helen Fahey...
Walking on the judge's path in working to persuade the bench can be very effective in advocating for a criminal defendant or any other litigant. As a Fairfax DUI lawyer, I have benefitted greatly from this approach. I have blogged many times about dealing with...
Violation of probation is a risk with any criminal defendant who receives a suspended jail or prison sentence. As a Fairfax criminal lawyer, I know that the best defense against such charges starts with erring on the safe side of doing nothing to get accused...
Nicole Wittmann -- currently interim Loudoun County commonwealth's attorney -- is the Republican contender to replace outgoing chief prosecutor Jim Plowman, who will join the Circuit Court bench. As a Fairfax criminal lawyer, I know that this race in the adjacent county to me has...
Persisting with a challenging judge and other courtroom challenges is essential for a criminal defense lawyer, As a Fairfax DUI lawyer, I know that the only alternative to working with a challenging courtroom situation is to throw in the towel, which is neither an option...
Prosecutorial elections are hotly contested in Fairfax County and Loudoun County, Virginia. As a Fairfax criminal lawyer, I know that those two counties' chief prosecutors overprosecute by, for starters, by not often enough including sentencing in felony negotiating rather than negotiating merely based on felony...
Constructive possession of drugs, illegal guns, or other contraband is no less a crime than actual possession of contraband. As a Fairfax criminal lawyer, I know that the foregoing legal truism alone is sufficient to make people think twice about those they choose to associate...
Caregivers should think twice before agreeing to be entrusted with minors. As a Fairfax criminal lawyer, I know this by simply considering the following Virginia statute: "Any parent, guardian, or other person responsible for the care of a child under the age of 18 whose...
Alternative incarceration ("AI") is an important consideration for those likely to receive active jail time for a conviction. As a Fairfax DUI lawyer, I know that this is a critical subject to discuss with criminal defense clients. Of course it is essential for the criminal...
Revoking probation is risked by Virginia probationers when the judge has reasonable cause to do so. Va. Code § 19.2-306; Whitehead v. Commonwealth, 278 Va. 105, 677 S.E.2d 265 (2009), modified, 684 S.E.2d 577 (2009). As a Fairfax criminal lawyer, I make clear to my...
By now, millions of people know of the horrifically unjustified Fort Worth, Texas, police killing of Atatiana K. Jefferson inside her own home. What, then, can I add to the conversation that has not already been said? On the one hand, anyone who knows me knows...
[caption id="attachment_81467" align="alignright" width="300"] Unrattled powerful battle is essential says Fairfax criminal lawyer[/caption] Unrattled courthouse combat is the only way to proceed, underlines Fairfax criminal lawyer Unrattled battling truly is the only way to for the criminal defense side to approach the courthouse and courtroom. As a...
Cracks are irreversible in the teflon approach with which many people have viewed the police, in many ways arising from the many police abuses that have drawn widespread public and media attention over the last few years. These cracks are important to reversing our overly...
Fleeing from police might cross a criminal suspect's mind. However, as a Fairfax criminal lawyer, I know that disregarding law enforcement officer commands to stop can lead not only to serious criminal and sentencing liability, but to adverse consequences with such collateral matters as security...
Mandatory minimum sentencing can bite a criminal defendant in the butt with a variety of subsequent convictions, including for repeat DWI, theft and drug convictions. As a Virginia DUI lawyer, I know that the notion that many people have about juvenile criminal court guilty findings...
Embezzling is a scarlet letter theft crime which, if convicted, is a smear on the defendant's reputation. As a Fairfax criminal lawyer, I know how critical it is for the defense to find every possible way to dismantle embezzlement and other prosecutions. Virginia's embezzling statute...
Roadblocks are all too common with police. As a Fairfax criminal lawyer, I know that police roadblocks and so-called safety checkpoints are established for such purported reasons as traffic safety (for instance with sobriety checkpoints and seatbelt checkpoints), border patrol, and seeking fleeing criminal suspects....
Incoming new head prosecutors will start their terms in January 2020 in Fairfax County and Arlington County, and possibly even in Loudoun County. As a Fairfax criminal lawyer, I know that each such county that gets a Democratic commonwealth's attorney will experience a prosecutorial sea...
Plea negotiations -- better called settlement negotiations, because a dismissal is a better settlement than a negotiated conviction -- are a stark reality of criminal defense. As a Fairfax criminal and DUI lawyer, I know that attorneys who do not want to engage in...
Restorative justice (RJ) is an alternative dispute resolution approach that enables criminal cases to be resolved without convictions (and sometimes without even having formal court charges). As a Fairfax criminal lawyer, I know that with RJ the alleged victim and accused (the accused needs the...
