Criminal Defense

Experts [EWs] in criminal trials are limited by the following Virginia rule of evidence: "In criminal cases, the opinion of an expert is generally admissible if it is based upon facts personally known or observed by the expert, or based upon facts in evidence." Virginia...

Roulette may end up being the exercise when a Virginia DUI defendant declines post-arrest breath testing, because if a blood search warrant follows, that often is accompanied with a breath testing refusal charge, which, if convicted as a first offense, amounts to one year of...

Attacks on statutory constitutionality must be a part of your attorney's arsenal. As a Fairfax criminal defense lawyer, I know that such challenges are more likely to prevail at the appellate court level than the trial court level, but challenges need to be preserved for...

Witness cross examination (WCE) is critical for your criminal lawyer to execute and to do well. As a Fairfax criminal defense lawyer, I know that WCE is an art that is an essential part of persuasion and damage control. A legitimate series of questions for...

Winning your criminal trial must be a goal of your Virginia lawyer. As a Fairfax criminal defense lawyer, I know that even if you prefer a plea deal, your prosecutor / assistant commonwealth's attorney can be more motivated to agree to a favorable (and sometimes...

Google ("G") searches are not confidential, and can get you prosecuted and convicted if connected to provable criminal activity. As a Fairfax criminal lawyer, I know that too many people are lulled into a false sense of security when alone on the Internet. However, your...

Preparation for trial is essential. As a Fairfax criminal defense lawyer, the foregoing statement is obvious, but must never be skipped. I write this while still glowing from a recent Virginia DUI trial win that followed a lame prosecutorial plea offer. Never go to your...

Suppressing evidence is great when granted for a Virginia criminal defendant. However, as a Fairfax criminal defense lawyer, I know that trial and appellate judges are often very resistant to granting relief to defendants who claim that incriminatory evidence was seized in violation of their...

Data gathering drives police, as does seizing contraband and finding smoking guns. As a Fairfax criminal defense lawyer, I warn you of the high risks of feeding police information and imagery, rather than -- as an actual or potential criminal suspect -- asserting your Constitutional...

Risk avoidance (RA) is essential with police. As a Fairfax criminal defense lawyer, I say that asserting your right to remain silent with police and to object to searches is essential, while I also say to avoid actions that may lead to an arrest, prosecution,...