Underdog Blog – Fairfax Criminal Defense Lawyer | Virginia DUI Attorney
Fairfax Criminal Lawyer / Virginia DUI Attorney- Highly-Rated
Pursuing Your Best Defense Since 1991
Probation revocation sentence cap not retroactive says Virginia Court App.
Probation revocation proceedings are all too common in Virginia, and concern criminal defendants about their sentencing exposure. As a Fairfax criminal lawyer, I exulted when the statutory law changed to strictly limit criminal defendants' jail and prison risks for probation violations that are technical rather...
Police hassling without reasonable suspicion invites evidence suppression
Police hassling exasperates me as a Fairfax criminal lawyer, civil libertarian, and human being. Having police is part of the so-called social contract where society relinquishes vital aspects of its freedom in order to receive protection from the government apparati. However, police and government are...
Prosecutorial discretion- Fairfax chief prosecutor embraces this path
Prosecutorial discretion (PD) is great when it benefits the accused. As a Fairfax criminal lawyer, I know that the county's chief prosecutor / commonwealth's attorney on several occasions has emphasized his willingness to use such authority, and his directed his prosecutors to do the same,...
Diluted is the Virginia definition of DUI | Driving under the influence
Diluted is the Virginia definition of DUI / driving under the influence of alcohol and drugs. As a Fairfax DUI lawyer, I know that the law of the commonwealth not only criminalizes driving with a 0.08 or higher blood alcohol concentration, but also "while such...
Bending prosecutors out of shape while defending in Virginia criminal court
Bending prosecutors and police out of shape should not be a goal in and of itself, but it sometimes happens as a helpful default. As a Fairfax criminal lawyer, I do know that sleight of hand can be beneficial, but once again usually should not...
Story power- Virginia criminal lawyer on persuasion through storytelling
“Did you do it?” “Did you kill Horace Jones?” Thus began the powerfully persuasive direct examination by lawyer JD with his client Zach Carson. Zach was so despondent after losing the love of his life, that he confessed to a murder he did not commit,...
Virginia DWI defending requires keeping collateral consequences in mind
Virginia DWI defending includes being aware of the accused's risks for immigration and traveling abroad. As a Virginia DUI lawyer, I know that the Supreme Court requires a defense lawyer to consider immigration risks from a criminal conviction. Padilla v. Kentucky, 559 U.S. 356 (2010). On...
Kick me is not the reply to a Virginia criminal investigation nor prosecution
Kick me -- or a variation on that theme -- may be the response of many a Virginia criminal suspect or criminal defendant once the police nab them for a crime that they actually committed. As a Fairfax criminal lawyer, I know that the self...
Virginia DUI discovery should be overinclusive says Fairfax DWI lawyer
Virginia DUI discovery (VDE) evidence provided by Fairfax prosecutors and with some other Northern Virginia commonwealth's attorney's offices tends to be more overinclusive than required by the governing law. As a Fairfax DUI lawyer, I believe that when prosecutors take that overinclusive approach in disclosing...
Fairfax speedy trial denial affirmed by Virginia Court of Appeals
Fairfax speedy trial (ST) rights are critical both under the Virginia Code and the Constitution, just sa they are in the rest of the commonwealth. As a Fairfax criminal lawyer, I always keep my eyes on this right for all my clients. On May 31,...