Success in criminal court and elsewhere is not about winning with ideal and perfect circumstances. As a Fairfax criminal lawyer, I know that such success is about winning despite unanticipated hurdles, existing judges who run afoul of their oaths, police who don't accept that their...
Expert testimony often is crucial to criminal defendants, as I have seen many times as a Virginia criminal lawyer. Nonetheless, today the Virginia Court of Appeals confirmed that, in criminal trials, expert testimony on diminished mental capacity are limited to insanity defenses. Johnson v. Virginia,...
Trafficking in sex workers -- in terms of forcing and coercing women to engage in prostitution -- apparently is widespread in the United States. As a Fairfax criminal lawyer, I expect that such trafficking will be reduced by legalizing and regulating prostitution. In places where...
Persuading is an essential art in criminal defense. As a Fairfax criminal lawyer, I know that the courthouse battle can include clients, opposing witnesses, prosecutors and judges who are stressed, angry or even off their rocker (hopefully only as to the first three). Criminal defense...
Prosecutors heading Virginia county commonwealth's attorneys' offices run for periodic re-election. As a Fairfax criminal lawyer, I do not know of any chief Northern Virginia prosecutor who does not substantially go against my clients’ interests, and I am not going to disserve my clients nor...
Breasts are found on every human. As a Fairfax criminal lawyer, I know that it is common throughout the United States to criminalize fully baring female breasts other than for breast feeding. New Hampshire v. Lilley, 2019 WL 493721 (N.H., Feb. 8, 2019). The sky...
Leniency offers by cops abound in their efforts to convince criminal defendants to waive their Fifth Amendment right to remain silent. As a Fairfax criminal lawyer, I know that criminal defendants and criminal suspects should not communicate with police about their case without the presence...
Prosecutor elections in Virginia may not be seen by enough voters to be as serious as they are. As a Virginia criminal lawyer, I know that awesome powers rest in prosecutors to decide whether to prosecute or not, agreeing to bond or not, seeking capital...
Pretrial release for criminal defendants involves the defendant's promise to appear timely for all court dates, pretrial release conditions and/or cash bonds/ bail. As a Fairfax criminal lawyer speaking for my clients' interests, I want my asset-limited clients to not have to struggle to pay...
Self defense is a common defense in assault cases, in addition to claims that no assault happened in the first place, or that the defendant has been misidentified as the assailant. As a Fairfax criminal lawyer, I know how harsh can be the consequences of...
Contraband abounds in terms of such material as weapons and drugs. As a Virginia criminal lawyer, I berate myself that after the bar exam and two years before becoming a criminal defense lawyer I made the error of bringing a friend's locked suitcase to Singapore...
Capital punishment in the United States has proceeded somewhat away from an arbitrary and capricious system that previously allowed judges rather than juries to decide a death sentence, and for people to be executed for crimes other than murder. As a Fairfax criminal lawyer, I...
Ralph Northam is rightfully in the news over the 1984 photograph accompanying his medical school yearbook entry, depicting a person in a KKK hood next to another in black face makeup. Other writers have already written much of Virginia governor Northam's admitting and later denying...
Criminal discovery reform in Virginia finally achieved a breakthrough in 2018, when the commonwealth's Supreme Court directed a mid-2019 substantial discovery expansion for felony criminal defendants. This Virginia discovery reform needs to be seen as but a first step, seeing that it does not cover...
Dealing with challenging people is a frequent part of my work as a Fairfax criminal lawyer. At my best in dealing with difficult prosecutors, police, opposing witnesses, and judges, I apply the lessons of having fun on the battlefield while applying the lessons of taijiquan...
Animals of the non-human variety sexually attract some humans, which is a condition known as zoophilia. As a Virginia criminal lawyer, I know that in "the Diagnostic and Statistical Manual (DSM-V, 2013), the American Psychiatric Association listed zoophilia as a paraphilic behavior, but not generally...
Firearms, including handguns, are very popular to purchase. As a Fairfax criminal lawyer, I know that some people are so excited or anxious to buy the perfect weapon they have found at the right price -- whether for recreation, safety or both -- at a...
Commercial sex prosecutions- Virginia criminal lawyer on defending them. Commercial sexual activity thrives in the United States, including adult films and private online shows, live performances, and erotic activity running from massages to penetrative sexual activity. I know this not only as a Virginia criminal...
Judges in a Virginia felony or class 1 misdemeanor Circuit Court jury trial sitting with a jury must first preside over a jury sentencing trial (if the jury convicts) before the judge sets the final sentence. Va. Code § 19.2-295.1. The sentencing risks of a...
Snowy days do not usually close our Fairfax criminal law firm. We are open today, January 14, despite the snow that remains on the ground from yesterday. The Fairfax courthouse is open regular hours today, while some nearby courthouses are closed. As a Fairfax criminal...
