Criminal Defense

Geofence search warrants can get you Fourth Amendment Constitutional search protections. As a Fairfax criminal defense lawyer, I know that to be so from the five-justice majority opinion in Chatrie v. United States, ___ U.S. ___ (June 29, 2026), which includes a spirited dissent by three...

Virginia evidence disclosure law has moved further forward for District Court matters, on balance, with the July 1, 2026, effective date of Virginia Code § 19.2-264.15, requiring commonwealth's attorneys / prosecutors to provide the defense with requested police reports at least ten days before the...

Hunch seizures do not satisfy the federal Constitution's Fourth Amendment's prohibition against unreasonable searches and seizures. As a Fairfax criminal lawyer, I welcome the Virginia Court of Appeals' opinion (albeit unpublished) reversing the conviction of Marquis Donte Chisholm, Jr., for possession of a firearm by...

Lessons for your court date are important for you to obtain from your Virginia attorney. As a Fairfax criminal lawyer, I tell my clients many essential things about their court dates that are tailor-made to them and their cases. Below are some important ideas I...

Recognizing racial issues in the criminal justice system is essential, says Fairfax criminal lawyer Recognizing racial issues in the criminal justice system is essential. As a Fairfax criminal lawyer, I know that racism remains in our nation and the world, which means that racism can...

Bad acts evidence (BAE) -- more succinctly prior BA evidence -- might spell the difference between acquittal (if excluded at trial) or conviction in your prosecution. As a Fairfax criminal lawyer, I know that the Virginia rules of evidence say: "Except as provided in Rule...

Attack (verbally, in court, through your attorney) Virginia DUI police stops, or suffer the consequences. As a Fairfax criminal lawyer, i share with you a very low threshold to permit police vehicle stops for suspicion of DUI. McCumber v. Commonwealth of Virginia, ___ Va. App....

Fairfax gun prosecutions can get aggressive. As a Virginia criminal lawyer, I know that self styled progressive prosecutors -- including in my county where Steve Descano is the elected commonwealth's attorney -- may often be better for criminal defendants' interests than those geared towards monolithic...

Settling Virginia criminal cases involves backing up negotiations with full trial readiness, mastering the art of negotiation, timing, sensing bluffs, calling bluffs, and checking for weaknesses in the prosecutor's case. As a Fairfax criminal lawyer, I know that plea and settlement negotiations can sometimes be...

Lost exculpatory evidence is a real risk in Virginia prosecutions. As a Fairfax criminal lawyer, I know that many if not all law enforcement agencies / police departments in the commonwealth have video retention and deletion policies and practices, starting with something as exasperating as...