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Fairfax convictions with this former rogue cop may all get reversed

Fairfax convictions with former rogue police officer Jonathan Freitag are in line for the chief prosecutor to seek to undo them. As a Virginia criminal lawyer, I am thankful that former police officer Freitag's deceit has been uncovered, but also know that solving his misdeeds...

Drug court judges must read this illegal search opinion says Fairfax lawyer

Drug court judges repeatedly hear police justify stops, frisks, searches and arrests of criminal suspects based on their purported "knowledge, training and experience" and behavior consistent with criminal activity. As a Fairfax criminal defense lawyer, I know that police have no superhuman cognition. I also...

Fairfax misdemeanor prosecutions without prosecutors risk dismissal

Fairfax misdemeanor prosecutions without a prosecutor now risk dismissal more than ever Fairfax misdemeanor prosecutions without prosecutors have been common in the majority of this county’s misdemeanor cases for most of 2020 through present, except for lawyers from the commonwealth’s attorney’s office being routinely involved...

Police seizure defined- Force with objective intent to restrain

Police seizure under the Fourth Amendment happens when police apply any touching or force with intent to restrain the person Police seizure (PS) is critical to determining whether a law enforcement officer’s (LEO) encounter with a criminal suspect required probable cause to believe that the...

Fairfax prosecutor absence does not mean to waive a lawyer in Court

Fairfax prosecutor absence should not be interpreted as an invitation to go to District Court by yourself Fairfax prosecutor absence has for nearly a year been common for most Virginia misdemeanor cases in this county courthouse, other than for DUI, intimate partner assault, and fatal...

Trial success begins with pursuing the extraordinary, says Fairfax lawyer

Trial success is about pursuing the extraordinarily persuasive story, says Fairfax criminal lawyer Trial success in Virginia criminal court comes from trial experience and ability, killer instincts, passion for the criminal defendant’s cause, and in-the-moment cunning. As a Fairfax criminal lawyer, I know that preparing...

Pretrial detention presumptions nixed by Virginia legislation

Pretrial detention presumptions are reversed by Virginia legislation awaiting the governor’s signature Pretrial detention (PD) presumptions are a reality for presumed-innocent people prosecuted in Virginia for alleged designated repeat drug felony charges, robbery, other violent crimes, and other felonies. This is an even more serious...

Defensive attack on one’s procedural error does not fly in Virginia court

Defensive attack will not fly against a Virginia criminal defendant’s own procedural error Defensive attacks against a Virginia criminal defendant’s self-created procedural error will not fly in criminal court. As a Fairfax criminal lawyer, I know that this rule is not automatically bad for the...

Protect yourself through silence with VA cops, says Fairfax criminal lawyer

Protect yourself by declining answering police questions as a suspect, says Fairfax criminal lawyer Protect yourself when police ask you questions when a criminal suspect or potential suspect. As a Fairfax criminal lawyer, I know you help yourself by asserting your Fifth Amendment right to...