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Jury verdicts- Fairfax criminal lawyer on their impenetrability

Jury verdicts in Virginia can be attacked on arguments of judicial error or prosecutorial mis-steps, but rarely for juror error or juror misconduct. As a Fairfax criminal lawyer, I know that it is generally folly to seek appellate or other postconviction relief in Virginia for...

Unringing the trial bell addressed by Fairfax criminal lawyer

Unringing the bell and removing ink from milk should not be a Virginia criminal defendant's burden instead of keeping damaging inadmissible evidence out of trial in the first place. As a Fairfax criminal lawyer, I know the sexist legal history that repeatedly elevated men's rights...

Car privacy is a fallacy says Fairfax criminal lawyer

Car privacy (CP) is an oxymoron in Virginia. As a Fairfax criminal lawyer, I know that you can be a sitting duck for police if they pursue a fishing trip or worse against you in a motor vehicle that contains contraband or otherwise has evidence...

Fifth Amendment rights- Fairfax criminal lawyer protects them

Fifth Amendment Constitutional rights to remain silent with police are critical for your Virginia lawyer to protect. As a Fairfax criminal lawyer, I know that not all trial judges and prosecutors provide the level of protection that is required by 5th Amendment caselaw, whether from...

Disorderly conduct- Fairfax criminal lawyer defends against it

Disorderly conduct (DC) is not a crime you want to be convicted of. It does not look good for one's reputation with employers, for instance, as it summonses images of a boisterous person who does not play by the rules, and perhaps starts consuming alcohol...

Attenuation trumps earlier 4th Amendment issues in Fairfax case

Attenuation can trump earlier Fourth Amendment violations. As a Fairfax criminal lawyer, I read with interest chief Fairfax County Circuit Court Judge Penny Azcarate's application of such law to deny a Virginia criminal defendant's challenge to a child pornography-yielding search of a computer and cellphone....

False confessions- Fairfax criminal lawyer targets them

False confessions (FC) happen too often, because even one false confession is one too many. As a Fairfax criminal lawyer, I share with you that the Virginia Supreme Court recently okayed a trial court's refusal to let defendant Joseph Eugene Smith (ultimately convicted of statutory...

Trial lawyers — good ones — are what VA criminal defendants need

Trial lawyers -- good ones -- are essential for Virginia criminal and DUI defendants, not only in the event that settlement negotiations do not go your way, but also as the needed threat to persuade prosecutors to come as close as possible to your preferred...

Seriousness is a hallmark of judges says Fairfax criminal lawyer

Seriousness is the way to go for your Virginia criminal defense. As a Fairfax criminal lawyer, I know the value of humor and engagement with persuasion, but always integrated with -- and never at the expense of -- approaching your defense seriously. This calls for...

Racial disparities in police stops bar a prosecution

Racial disparities in police treatment of suspects have come to the glaring forefront in a remarkable dismissal of a federal felony prosecution in Virginia. As a Fairfax criminal lawyer, I repeat what Virginia federal trial judge John A. Gibney, Jr., said this past week: "Black...