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Continuous offense doctrine in Virginia- Fairfax criminal lawyer comments
In Francis, the Virginia Court of Appeals ruled 2-1 that the evidence was sufficient to convict in two separate neighboring county circuit courts for felony eluding police from the same police officer during the same chase. Rejecting that the two separate convictions protected Francis under...
Multiple criminal actions risk harsh sentencing says Fairfax criminal lawyer
Multiple criminal actions mean that the perpetrator might receive a separate Virginia criminal charge for each such action, rather than having them all rolled into one criminal accusation. As a Fairfax criminal lawyer, I know that the concept of a harsher sentence for more criminal...
Virginia DUI Defense Basics from Fairfax Criminal Lawyer
Virginia DUI defense calls for full preparation and excellent execution. As a Fairfax criminal lawyer, I know that that best DWI defense starts before the defendant is ever stopped by the police, through knowing and exercising the suspect's essential rights with the police. Recently, I...
Miranda applicability addressed by Fairfax criminal lawyer
Miranda applicablity depends on whether the criminal defendant is in police custody. As a Fairfax criminal lawyer, I hear many arrestees underline that the police did not read them their rights. However, without police custody, the Miranda rule from the United States Supreme Court does not...
Virginia DUI Challenges by Appeal Addressed by Fairfax Criminal Lawyer
Virginia DUI challenges are many. As a Fairfax criminal lawyer, I am all the more interested in appeals from District Court for Virginia DWI convictions under Virginia Code § 18.2-266, and and all other Virginia misdemeanor convictions, now that doing so will botleneck the court system for...
Protective Order Violations with Injury – Fairfax Criminal Lawyer Comments
Protective order violations in Virginia are a criminal offense. As a Fairfax criminal lawyer, I think initial protective orders ("PO's") -- both emergency and prelminary PO's, which bar such behavior as contacting the respondent and assault -- are too often a threat to our civil...
Breathalyzer challenges in VA DUI cases – View of Fairfax criminal lawyer
Breathalyzer challenges are an essential part of defending against Virginia DWI prosecutions. As a Fairfax criminal lawyer, I dissect such evidence with a fine-toothed comb. Before ever arresting for an alleged DWI violation, police repeatedly ask Virginia DUI suspects to blow into the roadside handheld...
Private Prosecutors are Limited by Virginia Law
Private prosecutors are the exception to the usual Virginia practice of having prosecutors be elected officials or their employees, or private practicing lawyers hired by incorporated cities or towns. As a Fairfax criminal lawyer, I am ready to seek the disqualification of a private prosecutor...
Marijuana Odor to No Longer Allow VA Police Searches
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 Virginia DUI Court – Criminal Lawyer on Overcoming Fears
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...