Underdog Blog – Fairfax Criminal Defense Lawyer | Virginia DUI Attorney

Battling for criminal defense clients can be seen either as a great opportunity to help people and protect civil liberties, or else as a constant struggle against an overly unjust criminal justice system. As a Fairfax criminal lawyer, I choose the first approach, in that...

Consent is necessary for any sexual activity. As a Virginia criminal attorney, I know that mutually consensual private adult sexual activity generally is protected as lawful. Failing to obtain consent can be fatal. Consent is not defined by absence of resistance nor of oral protest...

Silence is the most critical first weapons of a criminal suspect. As a Fairfax criminal attorney, I know that clearly stating "I am not talking" -- or similarly clear words -- requires police to stop questioning a suspect. This is true whether or not the...

Blood testing and breath testing are the approaches Virginia police use in investigating possible driving under the influence of alcohol, drugs, or both (known as DUI and DWI). As a Virginia DUI lawyer, I point out some of the following approaches in preparing for blood...

Strangulation is a felony in Virginia, versus simple assault being a misdemeanor. As a Fairfax criminal lawyer, I know that a strangulation conviction does not require extreme choking. Virginia's strangulation statute provides that: "Any person who ... impedes the blood circulation or respiration of another...

Sure outcomes are rare in criminal defense, says Fairfax criminal lawyer. Sure outcomes should never be relied upon in criminal defense. We need look no further than the many split decisions of the United States Supreme Court to know that, being human, judges and jurors...

Great persuaders and negotiators know how to reach across the aisle to work with people who harbor plenty of opposing views. As a Fairfax criminal lawyer, I know the persuasive value of setting aside political and personal differences to persuade others and to gain essential...

Felony prosecutions are possible for Virginia people convicted of DUI who in the process cause permanent injury to others. Specifically, any person violating the Commonwealth's DWI law who "in a manner so gross, wanton and culpable as to show a reckless disregard for human life,...

Public intoxication is overcharged in Virginia. As a Fairfax criminal lawyer, I know that an intoxicated in public conviction is not good for one's reputation, and the risks of fighting such prosecutions only involve hiring a lawyer, and paying court fines and costs.

Rescheduling marijuana away from being a Schedule I or even Schedule II drug, federally, is essential. A federal Schedule I controlled substance is a dangerous drug that has no recognized medicinal benefits; that is how marijuana currently is scheduled in federal law. A Schedule II...