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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...

Firearm Curbs from VA Protective Orders

Firearm curbs are part and parcel of a Virginia protective order  (also known as stay away and no-contact orders, commonwly issued in tandem with assault claims). As a Fairfax criminal lawyer, I see such curbs as flying in the face of the letter and spirit...

Curtilage seizure in DWI investigation addressed by Fairfax DUI lawyer

Curitlage seizures take place when police detain a person on “'the land immediately surrounding and associated with the home.'" Saal v. Virginia, 848 S.E.2d 612 (2020) (quoting Oliver v. U.S.., 466 U.S. 170 (1984). As a Fairfax DUI lawyer, I know that because "the curtilage is 'considered...

Documents Near Drugs Not Enough to Convict

Documents in your name are not desireable when found in close proximity to illegal drugs, also known as controlled substance's. As a Fairfax criminal lawyer, I know that a conviction for drug possession cannot be obtained absent proof beyond a reasonable doubt of knowledge, dominion...