Underdog Blog – Fairfax Criminal Defense Lawyer | Virginia DUI Attorney
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Pursuing Your Best Defense Since 1991
Virginia public safety exception to Miranda- Fairfax lawyer explains
Virginia public safety exception caselaw gives police a certain extent of leeway to question detained criminal suspects without first reading them their rights under Miranda v. Arizona, 384 U.S. 436 (1966), to remain silent and to a lawyer. As a Fairfax criminal lawyer, I believe that the...
Virginia mistrial law addressed by Fairfax criminal lawyer
Virginia mistrial law gives prosecutors even wide shenanigan latitude before a criminal defendant may benefit from making a mistrial motion (MM) l and arguing that the Sixth Amendment Constitutional Double Jeopardy clause bars a retrial. As a Fairfax criminal lawyer, I see that the Virginia...
Virginia DUI defense battles often embrace the incident video
Virginia DUI defense battles often embrace the incident video. As a Fairfax DWI lawyer, I know that the most defense unfriendly police dashcam and bodycam video footage might show a defendant who looks drunk, including heavily slurred speech, falling unless holding onto one's car or...
Virginia field sobriety testing evidence in DUI prosecutions
Virginia field sobriety testing (FST) is commonly sought by police in DUI prosecutions. As a Fairfax DUI lawyer, I know that such testing can be considered in court not only for the probable cause determination stage, but also for deciding whether the defendant is guilty...
Fairfax conviction reversed for Miranda violation- Retrial permitted
Fairfax conviction results -- and in all other Virginia courts -- can next lead to the defendant's seeking appellate relief. As a Fairfax criminal lawyer, I am very disappointed that a Circuit Court judge in this county found no Miranda violation in Marco Chavarria's sexual battery case,...
Virginia repeat DUI charges need a full defense
Virginia repeat DUI charges bring mandatory jail time if convicted, together with a lengthy suspended driving period. Do not take any DWI or other criminal prosecution lying down. As a Virginia DUI lawyer, I urge you to obtain a qualified attorney work as a strong...
Virginia pet cruelty criminal defense – Even omission can become a crime
Virginia pet cruelty criminal law can be unforgiving. As a Fairfax criminal lawyer, I urge people to familiarize themselves with the key pet welfare statute that I discuss here, which is Virginia Code § 3.2-6570.  Recently, the Virginia Court of Appeals affirmed a bench trial conviction...
Virginia DUI arrests and prosecutions – Often by true believers
Virginia DUI arrests and prosecutions often, if not usually, are pursued by true believers among police officers and prosecutors. As a Fairfax DUI lawyer, I am providing you this timely DUI defense information during this holiday weekend when police are all the more on the...
Virginia suggestive identification with a bandana allowed by court
Virginia suggestive identification police procedures should never happen. As a Fairfax criminal lawyer, I know that human nature alone means that we will continue to see suggestive police procedures to identify criminal perpetrators. The best that can be done is to severely reduce the frequency...
Fairfax sentencing ruling solidifies the defense sentencer choice
Fairfax sentencing -- as with sentencing throughout Virginia -- is by a judge unless a jury has convicted the criminal defendants, and unless the defendant has filed a written election for a jury sentencing at least thirty days before trial. Virginia Code § 19.2-295. As a...
