Underdog Blog – Fairfax Criminal Defense Lawyer | Virginia DUI Attorney

Accepting responsibility (AR) is a big deal at sentencing. As a Fairfax criminal lawyer, I know that AR is part of Virginia's advisory sentencing guidelines, and that judges always consider AR. Virginia's Court of Appeals confirms that a sentencing judge may not hold against a criminal defendant...

Settlements can only be earned, but are never owed to you. As a Fairfax criminal lawyer, I know that Virginia defendants often expect to be offered a plea deal, and want it to be a desirable plea deal. However, nothing in the law requires a...

Subpoenas (WS's) for prosecutors' testimony is sometimes essential for a fair criminal trial, for instance in the event that the prosecutor witnessed inconsistent statements by a complaining witness, but refuses to admit nor stipulate nor otherwise fully reveal those inconsistencies to the judge nor jury,...

Scrutinize statutes. That is my watchword as a Fairfax criminal lawyer. A statute at first blush may seem to criminalize what it does not. That is underlined by Terry Eugene Michel's 2-1 Virginia Court of Appeals reversal of his animal cruelty felony conviction. Michel v....

Satisfying misdemeanor complainants to recommend a judicial dismissal is critical for you and your Virginia attorney to consider. As a Fairfax criminal lawyer, I have lawfully obtained many misdemeanor dismissals by bypassing the prosecutor, and negotiating a civil settlement with the complainant. This is a...

Contraband prosecutions abound in Virginia, whether that be for drugs, allegedly possessed weapons, allegedly stolen items, cigarettes destined for the gray or black market, or anything else. As a Fairfax criminal lawyer, I know how risk it is for you to be with people, at...

Principal in second degree (PSD) convictions cannot be obtained merely because the defendant was present at the time of the crime. As a Fairfax criminal lawyer, I know that such convicteions require actual or constructive presene at the crime scene together with an over act...

Venue victory (VV) is not common, but your Virginia attorney nonetheless needs to be ready to determine whether to pursue a victory out of the matter. As a Fairfax criminal lawyer, I know that a Virginia court has to have territorial jurisdiction over a prosecution...

Elements of the charged crime (ECC) are essential for your attorney to challenge. As a Fairfax criminal lawyer, I know that a prosecutor "bears the burden to prove each element of the crime beyond a reasonable doubt." Goldman v. Commonwealth of Virginia, 74 Va. App. 556, 562 (2022) (citing Kenner v. Com., 71 Va....

Virginia probation agents (VPAs) can make their probationers' lives a living hell, or not. As a Fairfax criminal lawyer, I know that VPAs have many demands on their schedules, including directly supervising probationers, preparing presentence reports (PSRs), drafting probation violation reports, appearing in court for...