Underdog Blog – Fairfax Criminal Defense Lawyer | Virginia DUI Attorney
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Fairfax Convictions With This Former Rogue Cop May All Get Reversed
Fairfax convictions with former rogue police officer Jonathan Freitag are in line for the chief prosecutor to seek to undo them. As a Virginia criminal lawyer, I am thankful that former police officer Freitag's deceit has been uncovered, but also know that solving his misdeeds...
Breath test refusal convictions are unavailable without a valid arrest
Breath test refusal and blood test refusal are an offense that often is charged along with Virginia DUI prosecutions, when the DWI defezndant declines to submit to such alcohol testing. As a Fairfax criminal lawyer, I am delighted that the Virginia Supreme Court this month...
Blood alcohol content kept out when 20 minute rule not satisfied
Blood alcohol content (BAC) testing is repeatedly relied on by prosecutors when they try to obtain DWI convictions. As a Fairfax DUI lawyer, I know the importance of fully challenging such prosecutions at every turn, including working to keep out BAC test results, which can...
Marijuana reform in Virginia – Fairfax criminal lawyer covers the essentials
Marijuana reform has been a major issue for me for decades, and now the years of hard work and sweat equity (none of which I take credit for) by marijuana legalization activists has paid off amazingly as Virginia joins the ranks of other states that...
Drug court judges must read this illegal search opinion says Fairfax lawyer
Drug court judges repeatedly hear police justify stops, frisks, searches and arrests of criminal suspects based on their purported "knowledge, training and experience" and behavior consistent with criminal activity. As a Fairfax criminal defense lawyer, I know that police have no superhuman cognition. I also...
Trial preparedness is a threat that can improve criminal case negotiations
Trial preparedness eliminates sweat in court, says Fairfax DUI lawyer Trial preparedness is the only option for a court date unless a settlement negotiation has been reached beforehand. As a Fairfax DUI lawyer, I do not prepare for trial in order to psyche out my...
Virginia DUI THC case dismissed for lack of causation with impairment
Virginia DUI THC cases cannot be proven by prosecution with blood analyses alone Virginia DUI cases based on THC / marijuana blood content are insufficient to obtain a conviction on the mere basis of blood THC content alone. As a Fairfax DWI lawyer, I know...
Fairfax misdemeanor prosecutions without prosecutors risk dismissal
Fairfax misdemeanor prosecutions without a prosecutor now risk dismissal more than ever Fairfax misdemeanor prosecutions without prosecutors have been common in the majority of this county’s misdemeanor cases for most of 2020 through present, except for lawyers from the commonwealth’s attorney’s office being routinely involved...
Police seizure defined- Force with objective intent to restrain
Police seizure under the Fourth Amendment happens when police apply any touching or force with intent to restrain the person Police seizure (PS) is critical to determining whether a law enforcement officer’s (LEO) encounter with a criminal suspect required probable cause to believe that the...
Fairfax prosecutor absence does not mean to waive a lawyer in Court
Fairfax prosecutor absence should not be interpreted as an invitation to go to District Court by yourself Fairfax prosecutor absence has for nearly a year been common for most Virginia misdemeanor cases in this county courthouse, other than for DUI, intimate partner assault, and fatal...
