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Virginia LEO do not get to search merely for an unsealed liquor bottle

Virginia LEO (law enforcement officers) do not automatically get the right under the Constitution's Fourth Amendment to search a car or other place merely for seeing an alcohol bottle that is not sealed together with some drug contraband, because that is not probable cause by...

Virginia gun rights and the Supreme Court landmark ruling

Virginia gun rights are strong, and the Supreme Court’s recent landmark ruling can lead to more expansive weapons rights Virginia gun rights are among the strongest in the nation. As a Fairfax criminal lawyer, I know that before this week’s landmark Supreme Court Second Amendment...

Probation revocation sentence cap not retroactive says Virginia Court App.

Probation revocation proceedings are all too common in Virginia, and concern criminal defendants about their sentencing exposure. As a Fairfax criminal lawyer, I exulted when the statutory law changed to strictly limit criminal defendants' jail and prison risks for probation violations that are technical rather...

Police hassling without reasonable suspicion invites evidence suppression

Police hassling exasperates me as a Fairfax criminal lawyer, civil libertarian, and human being. Having police is part of the so-called social contract where society relinquishes vital aspects of its freedom in order to receive protection from the government apparati. However, police and government are...

Prosecutorial discretion- Fairfax chief prosecutor embraces this path

Prosecutorial discretion (PD) is great when it benefits the accused. As a Fairfax criminal lawyer, I know that the county's chief prosecutor / commonwealth's attorney on several occasions has emphasized his willingness to use such authority, and his directed his prosecutors to do the same,...