Underdog Blog – Fairfax Criminal Defense Lawyer | Virginia DUI Attorney

Denying Virginia probation violation charges carries risks that the denial will be used for a more stinging probation violation sentence. As a Fairfax criminal lawyer, I know that the governing appellate caselaw already permits a trial judge at sentencing to reward a Virginia criminal defendant...

Expert countertestimony (EC) is often vital for a criminal defendants' trial, as is made clear with recent unpublished Virginia Court of Appeals affirmance of a DUI (driving under the influence of alcohol and drugs) conviction that ideally called not only for EC but also an...

Unrestricted restricted (UR) licenses were a big breakthrough when they came on the scene a few years ago. As a Fairfax criminal lawyer, I know that I oppose statutorily mandated driving suspension (one year loss of license (LOL) / driving privileges for a first offense,...

Show your probation violation  hearing judge -- through your attorney -- this Matheson Virginia probation violation reversal opinion. Matheson v. Commonwealth of Virginia, ___ Va. App. ___ (2025). As a Fairfax criminal lawyer, I regret any judge would jail a probationer in violation of the plain...

Expunging DUI charges that get reduced to a conviction for something less serious sounding, is a real challenge in Fairfax when the amended reckless count is reckless driving generally, which statute provides: "Irrespective of the maximum speeds permitted by law, any person who drives a...

Nearness and distance from controlled substances and are among the critical considerations in Virginia drug defense and all other contraband defense. As a Fairfax criminal lawyer, I know that the mere existence of contraband at one's residence is not enough, by itself, to obtain a...

Citizen's arrests (CA's) are permitted to a certain extent by Virginia appellate caselaw. As a Fairrax criminal lawyer, I know that a police officer without jurisdiction to act as a police officer generally is empowered by Virginia appellate caselaw to detain and arrest people the...

Breakthrough settlement negotiations are key in criminal defense. As a Fairfax criminal lawyer, I know that merely going throug the motions without the attorney's putting their heart and sould into it can be as effective as trying to break a glass with a wet noodle....

Virginia DWI blood (VDB) draw trials require the live testimony of the blood analyst before the testing results can be admitted into evidence, unless the defense fails to file with the court a correct timely objection to a and crrectly-filed notice of intention by the...

Extended police stops that have no Constitutionnal basis, are ripe for challeging as a Constitutional Fourth Amendment violation. As a Fairfax riminal lawyer, I know that numerous poice like to elongate their interaction with a suspect in order to fish for evidence of criminal activity,...