A cop needs probable cause to say s/he will search a suspect or the suspect's property. If the suspect responds by consenting to a search, handing over contraband or telling where the contraband will be found, the Defendant may still challenge whether the police officer...
No matter how often I discuss techniques for remaining powerfully calm on the way to courtroom victory, the topic needs to be revisited and crystallized occasionally. I still have some clients who tell me about the sleep they lose anticipating their court date, but plenty...
Arrested undocumented and deportable people make ICE's deportation job easier, because jail authorities in Virginia and beyond give access to immigration authorities about non-United States citizen detainees....
A key part of criminal defense victory is for the lawyer to be convinced that the client should be acquitted, to feel that in the lawyer's heart, guts and bones, and to persuasively convey those feelings to the judge and jury....
The September 11, 2001, murders, happened sixteen years ago. Terrorists win of terror is allowed to erode civil liberties. Sadly, that erosion continues....
Once I am hired by a criminal defendant, what is left is for me to work the case and fully defend my client. That holds true even if I ultimately realize that more work is involved than is reflected in the fee agreed to with...
This week, Virginia's Supreme Court set a frighteningly low bar for enabling a conviction for taking indecent liberties with a minor, finding delivery of photos of partially-bared female breasts and fantasy talk was enough to convict Kimberlee Dietz. ...
Criminal defense and persuasion benefit tremendously from a clear mirror. That mirror can be the magic mirror, where others are not likely to do any better than we give them the faith to do. That mirror can also be the spiritual mirror of the heart...
Police are not permitted to overstep their bounds. That means, for instance, that police may not tell suspects they have to answer questions, because everyone has the right to remain silent with the police ...
The world is never in shortage of ways and places to help others in dire straits, to save the planet from bellicose and environmental destruction, to improve human rights, and the list goes on. Rarely does it do any good to shine the spotlight on...
Police generally may not seize and search others' property without the owner's or custodian's consent, probable cause to search, or a search warrant. As a Virginia criminal lawyer, I regularly challenge police searches and seizures. One of the threshold questions in challenging police searches and...
Jurors in criminal and civil trials are obligated to follow their oath, which includes being fair and impartial, and not favoring one witness over another on the basis of the witness's profession nor personal connection to the juror....
My clients' criminal case outcome can be improved by following the written action plan that I develop with them at our first meeting. My role with that action plan is to develop and pursue the best defense, in partnership with my client. My clients' role...
A Virginia reckless endangerment conviction for leaving a child unattended in a car is not available without proof beyond a reasonable doubt that the adult defendant responsible for the minor knew that injury would result from the defendant's omission....
How does one avoid injury from the insults and firebombs in court and beyond? The story goes that one day a small bird tried landing on the palm of a t'ai chi ch'uan master. However, the t'ai chi master made his hand go so soft...
Each day in court is filled with experiences from fragrant flowers to fetid feces. You may always decline being sprayed with proverbial prune juice and diarrhea. Some people absolutely adore prunes, whether dried, stewed, or as juice. (Prunes revolt me. I am so prejudiced against...
Virginia's government drug chemist lab is more backlogged than ever before, as confirmed in its August 16, 2017, memorandum here That trend does not seem like it will be reversing any time soon....
So much has been posted about the racism and deadly violence in Charlottesville, Virginia, this past weekend that I have little to add except for the following: I send prayers to Heather Heyer, her family, and everyone else who was injured by James Alex Fields, Jr. Fields...
One may consider his or her house to be her castle, but police often use search warrants and alleged exigent circumstances to disturb our privacy and serenity in that castle. One such approach is for police to get an excuse to enter a home (for...
Negotiating criminal cases can be like a game of chicken. Variations of the game of chicken include riding one's bicycle towards the opponent, to see if the bike rider or pedestrian will move out of the way first. Another variation is throwing a knife at...
