Underdog Blog – Fairfax Criminal Defense Lawyer | Virginia DUI Attorney

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 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 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 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, 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 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 -- 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...

Virginia LEO (law enforcement officers) do not automatically get the right under the Constitution's Fourth Amendment to search a car or other place merely for seeing an alcohol bottle that is not sealed together with some drug contraband, because that is not probable cause by...

Virginia gun rights are strong, and the Supreme Court’s recent landmark ruling can lead to more expansive weapons rights Virginia gun rights are among the strongest in the nation. As a Fairfax criminal lawyer, I know that before this week’s landmark Supreme Court Second Amendment...

Affirming a Fairfax DUI conviction this week, the Virginia Court of Appeals recognized that htis was a circumstantial trial where the evidence established that the defendant (found sleeping in his car) drove, the hood of the engine was warm on a cold night, the defendant...