Criminal Defense
Supreme Court effectively invites police to be rusty on the law
December 15, 2014, was not a proud day for the United States Supreme Court, when it decided 8-1 that a traffic stop is not invalidated when based on a police officer’s reasonably mistaken reading of the law. Nicholas Heien was driving with a broken brake light. That was...
What would a criminal defense lawyer tell a judge if immunized from fallout?
Judicial action can have profound impact on criminal defendants and others. As a Fairfax criminal lawyer, I am blessed to know some of the best and most courageous criminal defense attorneys. They include Ernie Lewis, who is a past chief public defender lawyer in Kentucky...
Getting by with a little help from my friends, in the criminal defense practice
From at least high school, I dreamed of one day being my own boss. In fact, I had already reached that dream at the age of eleven, when I performed my first of many paid magic shows for children’s birthday parties, disappearing milk from a...
The Supreme Court says it may be okay for police to go to your backdoor to ask questions on a hunch
"One’s home is one’s castle," it is oft repeated. If that is so, then why has the United States Supreme Court this week unanimously said it might be okay for police may come to our backyard, knock on the rear door, and scare the crap out...
Repeatedly calling 911 is not a criminal crank call when intent to annoy or harass is absent
In Virginia, repeatedly calling 911 is not a criminal crank call when intent to annoy or harass is absent. Fountain v. Virginia, ___ Va. App. __ (Nov. 4, 2014). Police stopped Ms. Fountain for allegedly weaving in and out of her lane of car travel....
Parties and their families should not talk to jurors
Lawyers should warn their clients, and their clients’ relatives, friends and employees against talking to the jurors in the clients’ case. That was highlighted this week when Virginia’s Court of Appeal okayed a trial judge’s dismissal of a murder trial juror, after the juror informed...
Beware the counterfeit money circulating out there
One danger of carrying currency is that we might accidentally receive and re-use counterfeit money, including money received from someone owing a debt, paying for goods or services, giving a gift, and as change from a cashier. Businesses handling heavy amounts of cash receipts are sensitive...
The judge boomed to me: “Why does that not surprise me” that you’re going to trial rather than pleading guilty?
One day, a trial judge called my case to be heard, and I responded: "My client pleads not guilty. We are ready for trial." The judge boomed back "Why does that not surprise me?" after I had completed another recent trial with him. I forget...
The plight of criminal defendants alone in the courthouse, or with limited funds to hire a lawyer
Recently, I saw one of my more favorite misdemeanor court judges on a Monday deny a trial postponement in a domestic assault case to a lawyer who explained that the defendant had just hired him the previous Friday, and the lawyer wanted more time to...
Whether & When a Criminal Defense Lawyer Should Show His or Her Hand & Power
An excellent civil trial lawyer in Chicago prefers to downplay his abilities pretrial so that the opponent will not be prepared for the tidal wave of power that the lawyer will bring to the courtroom. He is not alone. My general approach is not to...