Underdog Blog – Fairfax Criminal Defense Lawyer | Virginia DUI Attorney

Marijuana odor detection is a favorite of law enforcement to justify detaining and arresting people; searching them, their vehicles and their other property; and obtaining search warrants to seek further evidence of criminal activity. As a Fairfax criminal lawyer and civil libertarian, I am overjoyed...

Welcoming court at first feels counterintuitive for most Virginia DUI defendants and criminal defendants. However, as a Fairfax criminal lawyer I know that once a Virginia criminal defendant is forced into the courthouse battlefield, s/he has only one choice, which is to fight, fight and...

Firearm curbs are part and parcel of a Virginia protective order  (also known as stay away and no-contact orders, commonwly issued in tandem with assault claims). As a Fairfax criminal lawyer, I see such curbs as flying in the face of the letter and spirit...

Fairfax Circuit Court Judge David Bernhard early on in his judgeship made clear his inclination against imposing cash bail. As a Fairfax criminal lawyer and civil libertarian, I read with interest how Judge Bernhard this month went one step further with a letter opinion (which...

Criminal defense victory usually does not come easy, but is more possible when the Virginia criminal lawyer is powerfully calm and maintains a sense of humor, wonder and enchantment in life. As a Fairfax criminal lawyer, I know by experience the power of this approach,...

Curitlage seizures take place when police detain a person on “'the land immediately surrounding and associated with the home.'" Saal v. Virginia, 848 S.E.2d 612 (2020) (quoting Oliver v. U.S.., 466 U.S. 170 (1984). As a Fairfax DUI lawyer, I know that because "the curtilage is 'considered...

Virginia DUI breath testing is always ripe for trial challenges. As a Fairfax criminal lawyer, I always explore this line of attack, including with the breathalyzer twenty minute rule. The Virginia Department of Forensic Science's own breath test operator instructional manual ("DFS Manual") provides the...

Documents in your name are not desireable when found in close proximity to illegal drugs, also known as controlled substance's. As a Fairfax criminal lawyer, I know that a conviction for drug possession cannot be obtained absent proof beyond a reasonable doubt of knowledge, dominion...

Deals are a common part of Virginia criminal defense practice. As a Fairfax criminal lawyer, I know that this does not mean that every criminal defendant should plead guilty, no contest or Alford, rather than going to trial or negotiating a case dismissal. I do know...

Sentencing success is less preferable than trial success. As a Fairfax criminal lawyer, I know, nonetheless, that it is folly to prepare for trial without also being prepared for sentencing in the event of a conviction or an eventual plea deal. Recently, the sentencing judge's...