Marijuana field tests and DUI breathalyzer equipment should preclude allowing the field testing and breath testing results into evidence at trial. As a Fairfax criminal lawyer, I have in many DWI trials objected to breath testing results when the breath technician has mistakenly referred...
Lobbying to add, stop and change legislation can be a challenging, painstaking and lengthy experience. As a Fairfax criminal defense lawyer, today I witnessed receptiveness to criminal justice reform by Virginia legislators -- at least Democrats --when I today joined around one hundred other...
Evening and even reversing the playing field to the criminal defendant's advantage is critical. As a Fairfax criminal lawyer, I repeatedly see the difference that can be spelled between having a qualified criminal defense lawyer and no lawyer at all in court. The people disparaging...
Legislative reform beneficial to criminal defendants is more in reach than ever in Virginia now that Democrats control both of the commonwealth's House and Senate for the first time in decades. As a Fairfax criminal defense lawyer, I know that Democrats are not automatically better...
Self representation in criminal court gets pursued running the gamut from thoughtful political activists not wanting to water down their message with the presence of criminal defense lawyers, to those who have fools for a client, to those who have little foresight -- and sometimes...
Life in prison is the mandatory sentence that will come to any adult convicted in Virginia for object sexual penetration against someone under thirteen. As a Fairfax criminal lawyer, I know that a large percentage of adults not only are sexually attracted to children, but...
Reform in criminal law -- to criminal defendants' benefit -- is a likelihood for this winter's Virginia legislative session, now that Democrats control both the executive branch and both houses of the Virginia legislature. As a Fairfax criminal lawyer, I am keeping track of these...
Firearm and ammunition possession by those with a prior felony conviction is a Class 6 felony in Virginia, with more severe penalties if the prior conviction was for a violent felony. Va. Code § 18.2-308.2. As a Fairfax criminal defense lawyer, I know that firearm...
Marijuana dismissal for most simple pot possession (versus possession with intent to distribute) cases has arrived with the new Fairfax County and Arlington County, Virginia, prosecutors, who took office this week. As a Fairfax criminal lawyer, I see this as a big leap forward for...
Appear timely for your criminal court date, or risk an appearance failure (FTA) prosecution and warrant for your arrest. As a Fairfax criminal lawyer, I know that many criminal defendants incur FTA charges, whether due to not appearing on the arraignment date, missing a hearing...
Trial day is showtime, ideally when substantial preparation has already taken place by the attorney and his/her criminal defense client. As a Fairfax criminal lawyer, I know how important it is not only to be fully prepared for trial, but also for the defendant to...
Probable cause ("PC") under the Fourth Amendment is required both for police to conduct a search for a criminal investigation, and to arrest a suspect. As a Fairfax criminal lawyer, I find it curious at the very least that the Virginia Supreme Court continues to...
Misidentification runs rampant in obtaining criminal convictions for murder, robbery, rape and other prosecutions. As a Fairfax criminal lawyer, I urge that the law be updated to at least permit wider opportunities than currently exist for Virginia criminal defendants to present jurors with expert witness...
Cameras abound to record our driving behavior, interactions with police, and even blowing our nose in a retail store. As a Northern Virginia criminal lawyer, I know that this ever-present camera situation provides both opportunities and challenges for criminal defendants. Virtually ubiquitous video cameras are...
[caption id="attachment_82170" align="alignright" width="225"] Naysayers may neigh- Fairfax criminal lawyer on winning[/caption] Naysayers are many, but the criminal defendant must pursue victory, says Fairfax criminal lawyer Naysayers -- those who too quickly insist that risks will fail -- can abound in courthouses, even among some otherwise excellent...
Other crimes evidence generally is admissible at trial. As a Fairfax criminal lawyer, I know that evidence of criminal acts not being prosecuted at trial is only admissible as follows: "Generally, evidence of an accused’s other criminal acts is 'inadmissible to prove guilt of the...
Anticipating your misdemeanor or felony trial date should include substantial planning and preparation by you and your lawyer. As a Fairfax criminal lawyer, I share the following insights about what to generally expect on your first criminal or DUI trial date in the Fairfax County...
Arraignments in Virginia not need to be an aggravating rather than simplified exercise. As a Fairfax criminal lawyer, in this article I address the arraignment process for criminal and DUI cases in the Fairfax District Court. Be aware that procedures for this and other court...
Martial arts practice that can cause injury or death can be prosecuted in Virginia as a felony, if intended for a civil disturbance. Va. Code § 18.2-433.2 ("Martial Arts Law" or "MAL"), As a Fairfax criminal lawyer, I read with interest a recent article...
Steve Descano ran as a reformer to successfully replace the current Fairfax County, Virginia, chief prosecutor. Having won the general election, he has posted two critical recent Facebook articles as he approaches his early January 2020 swearing in. As a Fairfax criminal lawyer, I take...
