Immunity law needs to be considered by any trial witness wishing to assert the Fifth Amendment right to remain silent. As a Fairfax criminal lawyer, I have experienced several case dismissals for assault cases where the complaining witness hires a lawyer who tells the prosecutor...
Rushing justice in criminal and civil court cases can be tempting to many trial judges, often facing crushing court dockets that keep getting piled with more and more cases. As a Fairfax criminal lawyer, I believe that the solution to the challenge of overloaded court...
Liquor (alcohol, beer and wine) use in Virginia calls for knowing the relevant criminal laws applying to alcohol. As a Virginia DUI and criminal lawyer, I know that police remain on alert for suspected alcohol law violators.Virginia criminalized liquor laws from DUI to public intoxication....
Sex offender registration is but one of the harsh realities for those convicted in Virginia for rape, other sexual assault, child pornography, and soliciting minors for sex. As a Fairfax criminal lawyer, I know that the conviction and sentence for such crimes is a sharp...
Tape recorded evidence should be commonplace in police encounters with criminal and DUI suspects. As a Virginia DUI lawyer, I know that the United States Park police and the Pentagon police are among the law enforcement agencies that routinely do not videotape DUI and other...
Conspiracy charges enable prosecutors to seek convictions for an agreement to commit a crime (together with a step towards effectuating the crime) even when the actual agreed crime is not completed. As a Fairfax criminal lawyer, I know that plenty of drug buyers are acting...
Battling for criminal defense clients can be seen either as a great opportunity to help people and protect civil liberties, or else as a constant struggle against an overly unjust criminal justice system. As a Fairfax criminal lawyer, I choose the first approach, in that...
Consent is necessary for any sexual activity. As a Virginia criminal attorney, I know that mutually consensual private adult sexual activity generally is protected as lawful. Failing to obtain consent can be fatal. Consent is not defined by absence of resistance nor of oral protest...
Silence is the most critical first weapons of a criminal suspect. As a Fairfax criminal attorney, I know that clearly stating "I am not talking" -- or similarly clear words -- requires police to stop questioning a suspect. This is true whether or not the...
Blood testing and breath testing are the approaches Virginia police use in investigating possible driving under the influence of alcohol, drugs, or both (known as DUI and DWI). As a Virginia DUI lawyer, I point out some of the following approaches in preparing for blood...
Strangulation is a felony in Virginia, versus simple assault being a misdemeanor. As a Fairfax criminal lawyer, I know that a strangulation conviction does not require extreme choking. Virginia's strangulation statute provides that: "Any person who ...
Sure outcomes are rare in criminal defense, says Fairfax criminal lawyer. Sure outcomes should never be relied upon in criminal defense. We need look no further than the many split decisions of the United States Supreme Court to know that, being human, judges and jurors...
Great persuaders and negotiators know how to reach across the aisle to work with people who harbor plenty of opposing views. As a Fairfax criminal lawyer, I know the persuasive value of setting aside political and personal differences to persuade others and to gain essential...
Felony prosecutions are possible for Virginia people convicted of DUI who in the process cause permanent injury to others. Specifically, any person violating the Commonwealth's DWI law who "in a manner so gross, wanton and culpable as to show a reckless disregard for human life,...
Public intoxication is overcharged in Virginia. As a Fairfax criminal lawyer, I know that an intoxicated in public conviction is not good for one's reputation, and the risks of fighting such prosecutions only involve hiring a lawyer, and paying court fines and costs. ...
Rescheduling marijuana away from being a Schedule I or even Schedule II drug, federally, is essential. A federal Schedule I controlled substance is a dangerous drug that has no recognized medicinal benefits; that is how marijuana currently is scheduled in federal law. A Schedule II...
Homicide is a risk of impaired driving, because in many ways, as Ralph Nader urged, cars can be unsafe at any speed. As a Virginia DUI attorney, I advise everyone to stay away from driving a motor vehicle for at least twenty-four hours after consuming...
Success in criminal court and elsewhere is not about winning with ideal and perfect circumstances. As a Fairfax criminal lawyer, I know that such success is about winning despite unanticipated hurdles, existing judges who run afoul of their oaths, police who don't accept that their...
Expert testimony often is crucial to criminal defendants, as I have seen many times as a Virginia criminal lawyer. Nonetheless, today the Virginia Court of Appeals confirmed that, in criminal trials, expert testimony on diminished mental capacity are limited to insanity defenses. Johnson v. Virginia,...
Trafficking in sex workers -- in terms of forcing and coercing women to engage in prostitution -- apparently is widespread in the United States. As a Fairfax criminal lawyer, I expect that such trafficking will be reduced by legalizing and regulating prostitution. In places where...
