Underdog Blog – Fairfax Criminal Defense Lawyer | Virginia DUI Attorney

Lawyerless police investigations of Virginia DWI suspects are par for the course. As a Fairfax DUI lawyer, I know that this state of affairs makes it all the more important for you in advance to know of your Constitutional Fifth Amendment right to remain silent,...

Lawyer choice is your right under the Constitution's Sixth Amendment, rather than merely allowing you to have an attorney. As a Fairfax criminal lawyer, I know that not only; does the Sixth Amendment guarantee that "In all criminal prosecutions, the accused shall enjoy the right......

Imprisonment and jailing are a real risk in any Virginia jurisdiction if convicted of exceeding of DWI with a blood alcohol concentration (BAC) exceeding 0.30. As a Fairfax DUI lawyer, I recently avoided even a minute in jail for my client whose Intox EC/IR II...

Anger can seriously harm a claim of self defense against an assault conviction. As a Fairfax criminal lawyer, I know that running one's mouth and not diffusing tension can also work against a self defense claim. A prime example of that came this month with...

Passenger (PR) risks for Virginia DWI suspects and defendants charged under Virginia Code § 18.2-266 can include having a non-adult / minor PR (carrying five days mandatory minimum of jail time), reckless disregard of their PR child's life (a Virginia Class 6 felony), PRs who tell the...

Prostitution stings (PSs) used to be common in Fairfax, where I am headquartered, but I have not heard of such stings in Northern Virginia during the terms of the self-styled progressive commonwealth's attorneys who won election nearly four years ago in  court counties in this...

Overcoming any plea negotiation impasse requires being constantly trial ready and persevering with settlement talks. As a Fairfax DUI lawyer, I experienced a settlement breakthrough to a reckless driving disposition -- under Virginia Code § 46.2-852 -- by following that approach and by making clear to my...

Recharge risks exist to varying degrees if your Virginia prosecution is dismissed without prejudice (also known as nolle prosequi). As a Fairfax DUI lawyer, I know that a non-prejudicial dismissal of a Virginia felony charge implicates no deadlines for a prosecutor to renew the case, because...

Plastic guns and ghost guns are important areas of the law for you to know about. As a Fairfax criminal lawyer, I believe in robust protections for Second Amendment / weapons / firearm / handgun rights, not only because doing otherwise expands our already overgrown...

Fairfax expungement practice got a wakeup call this week, when Fairfax County Circuit Court Judge David Oblon determined in a detailed written opinion that wet reckless driving convictions amended from an original Virginia DUI prosecution are generally not eligible for expungement. W.H.D. v. Commonwealth of...