Criminal Defense
Daniel Blue obtains a rare Fourth Circuit published conviction reversal
Let us not have high federal conviction statistics become self-fulfilling prophesies. Criminal defense lawyers can reassure their federal prosecution clients, and all clients, that each case needs to be reviewed and prepared individually for the chances possibly to obtain the same excellent results that Daniel...
Enabling the jury to convict on a lesser count
In Virginia, “'A defendant is entitled to have the jury instructed only on those theories of the case that are supported by [more than a scintilla of] evidence.'" Witherow v. Virginia, ___ Va. App. ___ (Dec. 1, 2015) (quoting Eaton v. Virginia, 240 Va....
What would have happened if Video had not Captured Laquan McDonald’s Murder by police
Repeatedly, police harass and arrest people for unobtrusively filming their public activities, despite the countless times that video reveals police misconduct.
Dealing with Difficult Prosecutors, Judges & Opposing Witnesses on their Place on their Roller Coaster
Many people wake up feeling ungrounded each morning and awkward in public. As a Fairfax criminal lawyer, I know that many people feel uncomfortable in or about their bodies, clothing, and hair; feel sickly, out of balance with drafty places and stinky venues, under-acknowledged, underappreciated,...
Memorialize beneficial agreements with prosecutors
Put beneficial agreements in writing, and sleep more soundly as a result.
Linwood Lambert of Virginia died after twenty tasings
Recently, video footage was released of South Boston, Virginia, police in 2013 repeatedly tasing handcuffed Linwood Lambert, who died soon thereafter.
Virginia — The land that turned its back on Jencks
Virginia has not joined the jurisdictions that require providing criminal defendants a prosecution witness's written statements and substance of oral statements after the witness testifies for the prosecution. This rule is known as the Jencks Act, 18 U.S.C. § 3500. All federal prosecutions are governed...
Owning the Courtroom and World Stage Through Vibrating Highly
When fully prepared for the day's curveballs, merely annoying or otherwise offensive words are more likely to roll off my back like water off a duck's back. High vibration and high energy diminishes low energy, at least in perception, and such perception is critical. When...
Is misconduct so deeply ingrained in police culture that videotaping will not soon reverse the situation?
Police have awesome power. Power conferred will lead to power abused.
Having police misconduct so ingrained in so many police from generation to generation, that old habits will die hard, and the right systemic changes will not come about right away, particularly when the systemic changes...
Virginia Court of Appeals affirms conviction for child pornography in the computer recycle bin
Too many people feel a false sense of anonymity on the Internet. However, each Internet address is connected to a unique Internet Protocol address that is clearly visible to a website owner when the IP address visits the website. Law enforcement easily can track down...