Virginia drug law is tough on defendants. As a Fairfax drug lawyer, I know that merely possessing a Schedule I or II drug is Class 5 felony carrying up to ten years in prison. Marijuana possession remains a misdemeanor jailable up to thirty days, with...
Criminal discovery reform in Virginia finally achieved a breakthrough in 2018, when the commonwealth's Supreme Court directed a mid-2019 substantial discovery expansion for felony criminal defendants. This Virginia discovery reform needs to be seen as but a first step, seeing that it does not cover...
Dirty urines are a risk for any controlled substance user on supervised probation before their court date. As a Fairfax criminal lawyer, I know that staying off illegal drugs is easier ordered than followed. Fairfax criminal lawyer warns criminal defendants not to throw in the...
Acid reflux -- formally known as gastroesophageal reflux disease/ GERD -- is suffered by many people. Knowing that, it is regrettable that I do not see Virginia police asking DUI suspects whether they have GERD, in order to have the GERD sufferer offered the option...
Dealing with challenging people is a frequent part of my work as a Fairfax criminal lawyer. At my best in dealing with difficult prosecutors, police, opposing witnesses, and judges, I apply the lessons of having fun on the battlefield while applying the lessons of taijiquan...
Community service often is important to assist with DUI/ DWI/ criminal case negotiations and any court sentencing. As a Virginia DWI lawyer, my clients often ask about their community service options, so I list them here for the convenience of all. My clients also ask...
Animals of the non-human variety sexually attract some humans, which is a condition known as zoophilia. As a Virginia criminal lawyer, I know that in "the Diagnostic and Statistical Manual (DSM-V, 2013), the American Psychiatric Association listed zoophilia as a paraphilic behavior, but not generally...
Firearms, including handguns, are very popular to purchase. As a Fairfax criminal lawyer, I know that some people are so excited or anxious to buy the perfect weapon they have found at the right price -- whether for recreation, safety or both -- at a...
Commercial sex prosecutions- Virginia criminal lawyer on defending them. Commercial sexual activity thrives in the United States, including adult films and private online shows, live performances, and erotic activity running from massages to penetrative sexual activity. I know this not only as a Virginia criminal...
Courts in Virginia always close on [Robert E.] Lee/ [Stonewall] Jackson day, which since 2000 has fallen on the Friday before Martin Luther King, Jr., Day. This holiday started in 1890 as Lee day, followed by Lee-Jackson day in 1904. The holiday later became Lee-Jackson-King...
Judges in a Virginia felony or class 1 misdemeanor Circuit Court jury trial sitting with a jury must first preside over a jury sentencing trial (if the jury convicts) before the judge sets the final sentence. Va. Code § 19.2-295.1. The sentencing risks of a...
Snowy days do not usually close our Fairfax criminal law firm. We are open today, January 14, despite the snow that remains on the ground from yesterday. The Fairfax courthouse is open regular hours today, while some nearby courthouses are closed. As a Fairfax criminal...
Embezzlement is not limited to employee misdeeds, says Virginia criminal lawyer. Embezzlement in Virginia is defined as wrongfully and fraudulently using, disposing, or concealing any valuables "received for another or for his employer." Va. Code § 18.2-111 Embezzlement is a form of theft. As a...
Assault defenses when unwanted touching is alleged - Fairfax criminal lawyer. Assault defenses in Virginia include demonstrating that the defendant's touching was "justified or excused.” Perkins v. Virginia, 31 Va. App. 326 (2000). As a Fairfax criminal lawyer, I know that although a "kiss is...
Cocaine is what Ella Fitzgerald gets no kick out of , but in Virginia, a conviction for the mere possession or use of cocaine or any other Schedule I or II drug kicks the defendant with a Class 5 felony offense carrying up to ten...
Achieving victory in court and beyond can be like a gladiator fight, like the law of the jungle. I know this as a Fairfax criminal lawyer. Plenty of great civil lawyers have told me that they simply could not do criminal defense themselves, with all...
MaryJane/ marijuana legalization is about freedom of choice, personal privacy, and shrinking our overgrown police state. As a Fairfax criminal lawyer, I urge Virginia's lawmakers this legislative session to make major inroads for decriminalizing and ultimately legalizing marijuana....
Speech is not always protected under the law, says Virginia criminal lawyer. Speech, more specifically free speech and free expression, is something I am zealous about protecting under the law. As a Virginia criminal lawyer, I know that we need the First Amendment to the...
Hate speech does not justify eroding the First Amendment, says Fairfax criminal lawyer. Hate speech and hate crimes remain too prevalent in society. The following are but a few examples: Dylann Roof's racism led him to commit mass murder at a Charleston church in 2015....
Repeat drug offenses risk enhanced sentencing, says Virginia criminal lawyer. Repeat drug convictions risk mandatory minimum and enhanced prison sentencing both on the Virginia state and federal court level. As a Virginia criminal attorney, I know that the financial incentives to deal illegal drugs might...
