Profanity is prohibited by Virginia law in the following context: "If any person profanely curses or swears or is intoxicated in public, whether such intoxication results from alcohol, narcotic drug or other intoxicant or drug of whatever nature, he shall be deemed guilty of a...
Protective orders (POs) are a harsh tool used to bar all or some contact with the alleged victim by the presumed-innocent accused before a criminal assault trial ever has been held. As a Fairfax criminal lawyer, I know that being cooped up under the same...
Covid-19 has for the time being changed the criminal justice landscape. As a Fairfax criminal lawyer, I know this means that the courts are delaying trial dates, some prosecutors are working more than others to consent to defense lawyer demands to reduce jail populations, and...
Stay at home was announced by Virginia's governor this week, but thankfully with numerous exceptions to not make people complete prisoners of their homes. As a Fairfax criminal defense lawyer and civil libertarian, I encourage commonwealth residents to read the relatively brief stay-at-home order (Executive...
Reckless driving in Virginia is a jailable offense, classified as a Class 1 misdemeanor, carrying up to one year of incarceration, a fine of up to $2,500, court costs, and suspended driving running from zero days to six months (with the ability to apply for...
Coping in normal times with police investigations, arrests and prosecutions is always enough of a challenge for criminal defendants, their families and loved ones. As a Fairfax criminal lawyer, I knot that the arrest challenge is increased all the more with the current pandemic, where...
DUI arrest risks always are present when a person drives with alcohol in one's bloodstream, even if a small quantity. As a Fairfax criminal lawyer, I know that overall DWI arrest numbers will be reduced as people drive less during the pandemic. I also know...
Drug 251 dispositions involve the withholding of a drug possession conviction under Virginia Code § 18.2-251, and is only available if the criminal defendant has not before received a 251 disposition or applicable drug conviction. As a Fairfax criminal lawyer, I know that a 251...
Extortion cannot be successfully prosecuted in Virginia when a threat is only made after the alleged victim has voluntarily handed over money. As a Fairfax criminal lawyer, I congratulate Assistant Public Defender Tabatha Blake for winning an appellate reversal of her client's extortion conviction, by...
Commonwealth of Virginia jails will report the names of all non-United States citizens to United States immigration authorities. As a Fairfax criminal defense lawyer, I know that the Virginia legislator has passed legislation that will limit such mandatory ICE reporting to felonies only. ...
County jail changes are happening in Fairfax in response to and during the pandemic. As a Fairfax criminal defense lawyer, I know that during Covid-19 the county jail rejects delayed jail service commencement, rejects having inmates serve multiday sentence on successive weekends (with weekends being...
Insanity is a defense often considered when the defendant is unlikely to win on a theory of defense that the alleged act took place in a murder, homicide, or other serious felony case, when the evidence of committing the act is overwhelming. As a Fairfax...
Lapdancing and motorboating are at risk of getting prosecuted along with handjobs due to new legislation (Legislation) awaiting the governor's signature, that expands the definition of prostitution. As a Fairfax criminal lawyer, I do not expect a gubernatorial veto, but do see the prospects at...
Reduce jail populations during this pandemic. As a Fairfax criminal lawyer, I know that doing so not only helps the health of inmates, but also reduces the risks of inmate unrest and rioting, and helps the health of jail employees, the general population, and judicial...
Misdemeanor convictions can be more of a headache than thought at first blush, not only for a criminal defendant's liberty, but also for reputation, security clearance, career and immigration purposes. As a Fairfax criminal defense lawyer, I know that a suspended imposition of sentence ("S.I.S.")...
Crowd limits in restaurants and other leisure venues started in the nation's capital and state to the north recently, in response to the coronavirus, and yesterday sadly came to Virginia. As a Fairfax criminal lawyer, I am saddened to see not only that the...
COVID-19 / coronavirus continues to spur mobilization to test for, reverse and end the virus; claim lives; spread rapidly; and lead to substantial changes and disruptions in daily life. As a Fairfax criminal lawyer, I am keeping my law firm open for regular business hours...
Coronavirus reactions have reduced courthouse activity in various jurisdictions, battered the stock market, closed government activities and many educational institutions, forced quarantines, imposed travel bans, and led to such government state of emergency measures as banning large gatherings of people. As a Fairfax criminal lawyer...
Fairfax criminal defense has its own rhythm, peculiarities and challenges, just as does each Virginia county courthouse. As a Fairfax criminal lawyer, I know that a significant part of successful criminal defense is knowing your judge, how to deal with prosecutors (now with an entirely...
Searching homes is not permitted by police under the Fourth Amendment without a search warrant, consent of a resident, or exigent circumstances. As a Fairfax criminal lawyer, I know that one present occupant's objection to such an otherwise consensual search trumps the consent of the...
