Criminal Defense
Virginia LEO do not get to search merely for an unsealed liquor bottle
Virginia LEO (law enforcement officers) do not automatically get the right under the Constitution's Fourth Amendment to search a car or other place merely for seeing an alcohol bottle that is not sealed together with some drug contraband, because that is not probable cause by...
Virginia gun rights and the Supreme Court landmark ruling
Virginia gun rights are strong, and the Supreme Court’s recent landmark ruling can lead to more expansive weapons rights Virginia gun rights are among the strongest in the nation. As a Fairfax criminal lawyer, I know that before this week’s landmark Supreme Court Second Amendment...
Stopping for police and accidents- Virginia penalties for doing the opposite
Stopping when ordered by the police is required by Virginia law, as is remaining at the scene when involved in an accident that causes injury or property damage. As a Fairfax criminal lawyer, I know that reasons the driver may disregard such requirements may include...
Fairfax drug lawyer on Virginia marijuana dispensaries and drug defense
Fairfax drug defense -- as well as in the rest of Virginia -- continues to be a critical aspect of criminal defense, despite the wonderful inroads with marijuana in the commonwealth, in such respects as eliminating penalties for personal possession of up to one ounce...
Results in Virginia criminal court come from blood, sweat and tears
Results -- great ones -- are the goal of every Virginia criminal defendant whose focus is in the right direction. As a Fairfax criminal lawyer, I repeatedly hear from my clients: "What will happen in my case? Are you optimistic about the outcome?" If a...
Virginia criminal plea deals- Fairfax criminal lawyer on new charge risks
Virginia criminal plea deals are often part of criminal defense in Fairfax and the rest of the commonwealth. As a Fairfax criminal lawyer, I know that it is great to obtain a dismissal or acquittal against Virginia DUI, drug, felony and misdemeanor charges. I also...
Probation revocation sentence cap not retroactive says Virginia Court App.
Probation revocation proceedings are all too common in Virginia, and concern criminal defendants about their sentencing exposure. As a Fairfax criminal lawyer, I exulted when the statutory law changed to strictly limit criminal defendants' jail and prison risks for probation violations that are technical rather...
Police hassling without reasonable suspicion invites evidence suppression
Police hassling exasperates me as a Fairfax criminal lawyer, civil libertarian, and human being. Having police is part of the so-called social contract where society relinquishes vital aspects of its freedom in order to receive protection from the government apparati. However, police and government are...
Prosecutorial discretion- Fairfax chief prosecutor embraces this path
Prosecutorial discretion (PD) is great when it benefits the accused. As a Fairfax criminal lawyer, I know that the county's chief prosecutor / commonwealth's attorney on several occasions has emphasized his willingness to use such authority, and his directed his prosecutors to do the same,...
Story power- Virginia criminal lawyer on persuasion through storytelling
“Did you do it?” “Did you kill Horace Jones?” Thus began the powerfully persuasive direct examination by lawyer JD with his client Zach Carson. Zach was so despondent after losing the love of his life, that he confessed to a murder he did not commit,...