Criminal Defense

  Bill of Rights. (From the public domain.) Thanks to a listserv member for citing to a 1965 Supreme Court decision that underlines the unconstitutional overbreadth of statutes criminalizing one’s not obeying a "lawful order" of a police officer, where the statute does nothing to narrow such orders...

Image from the Government Printing Office’s website. District of Columbia v. Heller applies the Second Amendment to the individual right to possess firearms for home protection. Heller, 128 S. Ct. 2783 (2008). What happens when a person possesses a firearm at home in contravention of...

In Virginia, a felony trial generally must commence within five months after probable cause is found at a preliminary hearing (or indictment if no preliminary hearing is held) for defendants detained pretrial, and nine months for those not detained. Va. Code § 19.2-243. Virginia’s Court of Appeals...

On December 2, Maryland’s Court of Special Appeals reversed a conviction based on the prosecutor’s comments on the credibility of his police witness. Sivells v. Maryland, ___ Md. App. ___ (Dec. 2, 2010). Sivells also addressed the test for probable cause: This Court recently discussed the concept...

Then-police detective Stephanie Lazarus sticks a billion feet in her mouth. Jon Katz urges suspects to assert their rights to remain silent and to refuse searches. On my blog, on the podium, and person-to-person, I do my best to spread the word for people to...

Image from the Government Printing Office’s website. As long as people must fill out applications for handgun purchase background checks, people with applicable convictions and applicable pending criminal charges will insert incorrect information, be prosecuted, and, with at least some, convicted. Enter Russell Smith, who had...

Today the Fourth Circuit affirmed a conviction for child pornography and attempted enticement of a minor. In doing so, the court found no Miranda violation, determining that the defendant was not in custody and was free to leave his home, even though police were circling...

Second Amendment or no Second Amendment, count on the Supreme Court to continue permitting legislation allowing stiff mandatory minimum sentences for possessing guns in relation to enumerated felonies. Yesterday, the Court unanimously held that the highest gun mandatory minimum specified for a Defendant’s conduct in 18...

When I am in a room of trial judges presenting a seminar, I sometimes urge them to expand the opportunity for lawyer-directed voir dire jury questioning/selection rather than letting judges do it. In Virginia, the law permits lawyer-directed voir dire, whereas custom permits it in...

Virginia marijuana defendants in some Virginia District courtrooms constitute a parade of unrepresented people on their first court date. As a Fairfax criminal lawyer, I know that word has gotten out that if a marijuana possession defendant has no relevant prior convictions, s/he can save...