Criminal Defense
Recordings can be a big Virginia criminal defense hurdle
Recordings by doorbell cameras, 911 calls, video cameras and other media can be a big hurdle for Virginia criminal defendants Recordings of our activities abound. Police and prosecutors take full advantage of that. As but a for instance of how frequently our every move can...
Denying Virginia probation violation charges carries risks
Denying Virginia probation violation charges carries risks that the denial will be used for a more stinging probation violation sentence. As a Fairfax criminal lawyer, I know that the governing appellate caselaw already permits a trial judge at sentencing to reward a Virginia criminal defendant...
Expert countertestimony- Often needed by criminal defendants
Expert countertestimony (EC) is often vital for a criminal defendants' trial, as is made clear with recent unpublished Virginia Court of Appeals affirmance of a DUI (driving under the influence of alcohol and drugs) conviction that ideally called not only for EC but also an...
Unrestricted restricted licenses- Fairfax criminal lawyer explains
Unrestricted restricted (UR) licenses were a big breakthrough when they came on the scene a few years ago. As a Fairfax criminal lawyer, I know that I oppose statutorily mandated driving suspension (one year loss of license (LOL) / driving privileges for a first offense,...
Show your Virginia VOP judge this, says Fairfax crimial lawyer
Show your probation violation hearing judge -- through your attorney -- this Matheson Virginia probation violation reversal opinion. Matheson v. Commonwealth of Virginia, ___ Va. App. ___ (2025). As a Fairfax criminal lawyer, I regret any judge would jail a probationer in violation of the plain...
Expunging DUI edited to improper- Fairfax criminal lawyer speaks
Expunging DUI charges that get reduced to a conviction for something less serious sounding, is a real challenge in Fairfax when the amended reckless count is reckless driving generally, which statute provides: "Irrespective of the maximum speeds permitted by law, any person who drives a...
Nearness impacts drug defense, says Fairfax criminal lawyer
Nearness and distance from controlled substances and are among the critical considerations in Virginia drug defense and all other contraband defense. As a Fairfax criminal lawyer, I know that the mere existence of contraband at one's residence is not enough, by itself, to obtain a...
Citizen’s arrests- Fairfax criminal lawyer on their limits
Citizen's arrests (CA's) are permitted to a certain extent by Virginia appellate caselaw. As a Fairrax criminal lawyer, I know that a police officer without jurisdiction to act as a police officer generally is empowered by Virginia appellate caselaw to detain and arrest people the...
Breakthrough negotiations- Fairfax criminal lawyer tells you how
Breakthrough settlement negotiations are key in criminal defense. As a Fairfax criminal lawyer, I know that merely going throug the motions without the attorney's putting their heart and sould into it can be as effective as trying to break a glass with a wet noodle....
Extended police stops – Fairfax criminal lawyer says beware
Extended police stops that have no Constitutionnal basis, are ripe for challeging as a Constitutional Fourth Amendment violation. As a Fairfax riminal lawyer, I know that numerous poice like to elongate their interaction with a suspect in order to fish for evidence of criminal activity,...
