Criminal Defense
Va. Ct. App. affirms child pornography conviction without images in evidence
The United States Supreme Court substantially limits free expression rights when it comes to child pornography, out of consideration of the harm that child pornography can and does cause. Thankfully, the Supreme Court is cautious against creating new categories of expression that receive reduced First...
In the courtroom battlefield, compassion must never make a lawyer hesitate to pull the proverbial trigger
Compassion and empathy are critical to winning in trial battle and to living a good life. However, a criminal defense lawyer has no business walking into the courtroom if s/he will let compassion, empathy, or anything else other than sound strategy make the lawyer hesitate...
Why battle in court when court involves so much unfairness?
Recently as we were headed to our respective courtrooms, a fellow criminal defense lawyer sarcastically remarked that we had entered the hallowed halls of justice. I replied: “More like guerrilla warfare with too many judges not being neutral referees”, that is, too many judges at...
SCOTUS confirms that traffic stops must be concluded in a reasonable timeframe, and may not be prolonged without an independent lawful basis to do so
On April 21, 2015, the United States Supreme Court resolved a federal circuit court split by ruling 6-3 that traffic stops must be concluded in a reasonable timeframe (already settled Supreme Court caselaw), and may not be prolonged without an independent lawful basis to do...
Prosecuting wrongful killings by cops will not reduce police misconduct as much as overhauling the entire criminal justice system
The videotaped and other reported incidents of wrongful killings and other misconduct by police keep pouring in. With this month’s police killings of Walter Scott (shot in the back) and Eric Harris (shot by a part-time cop claiming he meant only to tase Harris), we...
Fourth Circuit judge recognizes the harshness and fallibility of the child pornography possession sentencing guidelines
With no prior convictions, on a federal court guilty plea to one count of child pornography, Steven Helton received a five year prison term and lifetime probation. U.S. v. Helton, ___ F.3d ___ (April 2, 2015). Helton could have fared much worse at trial, based...
Deaf Man Denied Sign Language Interpreter at Arlington Jail – Pleads Guilty to Receiving Stolen Property After Alleged Theft Victim Says He Found His iPad
As an Arlington Criminal Lawyer I am not fond of incarceration, I previously thought that that Arlington County, Virginia, jail a few miles up the road from me was one of the nicer jails to be jailed at EXCEPT for being able to see much...
Each adversary and judge are potential hurdles and allies, battle powerfully and calmly
Each adversary and judge are potential hurdles and allies. This concept was underlined when an opposing civil lawyer for whom I was not initially fond at the beginning eighteen years ago, ended up showing his better side when we jointly collaborated in representing a mutual...
In Virginia, the crime of resisting arrest requires flight
In Virginia, flight is an essential element for the crime of resisting arrest under Va. Code § 18.2-479.1, which says: "A. Any person who intentionally prevents or attempts to prevent a law-enforcement officer from lawfully arresting him, with or without a warrant, is guilty of...
Virginia’s Court of Appeals on bills of particulars, the rule of lenity, and stiff sentencing
Virginia’s Supreme Court and Court of Appeals only occasionally issue published opinions. Yesterday, the Virginia Court of Appeals reiterated the narrowness on criminal defendants’ getting access to bills of particulars, addressed the rule of lenity, and underlined that sexual assailants risk a separate conviction and separate sentence...