Killing convictions can be an extra challenge to obtain for prosecutors, because the victim is never available to testify in court. As a Fairfax criminal lawyer, I find this week's Warnick v. Virginia appellate opinion affirming a Northern Virginia murder conviction to be instructive for criminal defense...
Update information rolls in on Virginia criminal law changes with the usual July 1 effective date. As a Fairfax criminal lawyer, I address below the expanded felony Circuit Court discovery rules, attorney-issued records subpoenas, and prospects for even more criminal defendant-beneficial law changes with the...
Anonymous tips are often the bread and butter of police officers investigating crime, particularly alleged crimes involving illegal drugs, weapons, and assault running from simple battery to murder. As a Fairfax criminal lawyer, I often rolls my eyes at political reactionaries lambasting the United States...
Concealed carry and handgun rights are extensively protected in Virginia, which is one of the more Second Amendment-protecting states. As a Fairfax criminal defense lawyer, I here address those rights and limits, restoration of handgun rights, and recent newer limits on handguns. By law, Virginia...
Keeping focus on victory helps make the naysayers, hecklers and vicious folks disappear from sight and sound. One day a rather new Fairfax, Virginia prosecutor motioned me into the courtroom antechamber while we awaited our DUI trial to be called, so I thought he was either...
Hecklers are not the judge nor jury. As a Fairfax criminal defense lawyer, I know that advocating for the accused is no popularity contest, but about saving the life, liberty, reputation, and livelihood of the client. As one of the faculty of the National Criminal...
Daylight so often lacks in police encounters with suspects. As a Fairfax criminal lawyer, I know the power of simply shining the light of day on an opposing witness and on the prosecutor's words. any years ago, I was driving home, alone, down a dark,...
Trespassing may be prosecuted in Virginia both for remaining on property after the owner's authorized agent says to leave, and entering property posted against doing so. Va. Code § 18.2-119. As a Fairfax criminal lawyer, I know that such a conviction does not automatically preclude...
Knowing one's true self is vital to anyone's life. As a Fairfax criminal lawyer, I know that discovering and reccognizing my true self is essential not only to me as a person, but for everything I do as a criminal defense lawyer, from connecting and...
Masked people abound as Covid-19 continues without a care, moving from host to host, slowing here and surging there. As a Fairfax criminal lawyer, I know that coronavirus must not be permitted to water down justice. For Due Process and the Sixth Amendment's Confrontation Clause...
LEO -- law enforcement officers -- home searches can only lawfully take place with a valid search warrant, sufficient consent from an authorized person, or (infrequently) exigent circumstances. As a Fairfax criminal lawyer, I know that police search caselaw is not as friendly to criminal...
A mistrial can happen for a number of reasons in Virginia, including a hung jury and evidence of misconduct in the jury room. As a Fairfax criminal lawyer, I know that a criminal defendants' Fifth Amendment Double Jeopardy rights bar a retrial after a mistrial...
Methamphetamine is a highly addictive stimulant drug. As a Fairfax criminal lawyer, I know that a Virginia conviction for meth possession carries up to ten years in prison, as opposed to a conviction for meth (or any other Schedule I or II drug) possession with...
Fairfax policing of course is not immune from misconduct, because police are humans, and all humans are fallible. As a Fairfax criminal lawyer, I am thankful that body camera footage caught Fairfax County, Virginia police officer Tyler Timberlake unnecessarily tasing a disoriented man not just...
Before returning to society after loosening of societal Covid-19 restrictions, you owe it to yourself to be reminded of your rights in dealing with police and the criminal justice system. As a Fairfax criminal lawyer, I know that the difference between knowing and asserting those...
Captivating jurors in a persuasive, real, and in the moment manner can help them forget any negative preconceived notions about criminal defense lawyers, and lead the jury to focus on the lawyer's words and word images instead. As a Fairfax criminal lawyer, I know the...
Two bites at the apple are available when a Virginia criminal defendant first proceeds to a misdemeanor trial or probation violation trial in District Court. As a Fairfax criminal lawyer, I tell my clients that we are going to fight like hell to obtain a...
Demonstrators nationwide are hitting the streets demanding real policing reform, ending racism, and justice reform after George Floyd died while a Minneapolis police officer pinned him down for many minutes with the cop's knee. As a Fairfax criminal lawyer, I have been unable to keep...
Failing to appear in court -- also known as FTA -- happens too often with too many criminal defendants. As a Fairfax criminal lawyer, I know that judges take FTA's very seriously, and that failing to appear for a felony court date exposes one to...
Minneapolis former cop Derek Chauvin -- who kneed George Floyd's neck until he died -- is not a mere abberation. As a Fairfax criminal lawyer, I know that police abuse runs too rampant, making this George Floyd tragedy at once hearbreaking, despicable, and unfortunately not...
