Criminal Defense
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...
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...