Underdog Blog – Fairfax Criminal Defense Lawyer | Virginia DUI Attorney

Refusing pre-arrest breath testing in a Virginia DUI investigation is wise when one has consumed any alcohol, as this is a voluntary test and the testing can be even more inaccurate than the already-inaccurate Intox EC/IR II breath testing machine that is used post-arrest for...

False reporting of a crime to police is a crime in itself. As a Fairfax criminal lawyer, I know that such reporting is all too common, and too much of my clients suffer from such lies. Unfortunately, it is not paranoia for us to keep...

Clothed children do not automatically preclude a child pornography conviction. As a Virginia criminal lawyer, I know that this analysis starts with whether the image depicts a nude child or else a clothed child with a nude adult. Dustin Allan Ele, Sr., learned that...

Obstruction of justice is among the least desirable Virginia Class 1 misdemeanor to be convicted of, versus the less serious-sounding crimes of disorderly conduct or trespassing. As a Fairfax criminal lawyer, I know that charges of obstruction of justice and disorderly conduct can be catch-all...

Habitual drunkard laws are found in the Virginia Code and in federal immigration law. As a Fairfax DUI lawyer, I am delighted that a deeply divided United States Court of Appeals for the Fourth Circuit this week invalidated Virginia's habitual drunkard law as unconstitutional. Manning,...

Appearing in criminal court alone can be dicey depending on the circumstances. As a Fairfax criminal lawyer, I know that defendants often want to give themselves time to find and pay for a lawyer, but they also need to know the risks of entering the...

Facing court without a lawyer can be risky even for the most seemingly simple appearances. As a Fairfax criminal lawyer, I know that unrepresented criminal defendants are fishes out of water facing a highly experienced judge and a prosecutor whose abilities run from knowing the...

Hunches by themselves do not permit police stops of suspects. As a Fairfax DUI lawyer, I know that at minimum, the police officer needs reasonable articulable suspicion to stop a suspect. Moreover, Virginia has not yet recognized a community caretaker basis for police to stop...

Videotaping is an advance over not having videotaping of police encounters. At the same time, police filming does not reveal the entire situation. As a Virginia DUI defense lawyer, I know that effective motions hearing and trial cross examination of police is essential for criminal...

Handgun convictions in Virginia do not automatically require the recovery nor testing of the weapon. As a Fairfax criminal defense attorney, I know that a firearm element of a firearm offense requires proof that the item is “any instrument designed, made, and intended to fire...