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Expert countertestimony- Often needed by criminal defendants

Expert countertestimony (EC) is often vital for a criminal defendants' trial, as is made clear with recent unpublished Virginia Court of Appeals affirmance of a DUI (driving under the influence of alcohol and drugs) conviction that ideally called not only for EC but also an...

Unrestricted restricted licenses- Fairfax criminal lawyer explains

Unrestricted restricted (UR) licenses were a big breakthrough when they came on the scene a few years ago. As a Fairfax criminal lawyer, I know that I oppose statutorily mandated driving suspension (one year loss of license (LOL) / driving privileges for a first offense,...

Show your Virginia VOP judge this, says Fairfax crimial lawyer

Show your probation violation  hearing judge -- through your attorney -- this Matheson Virginia probation violation reversal opinion. Matheson v. Commonwealth of Virginia, ___ Va. App. ___ (2025). As a Fairfax criminal lawyer, I regret any judge would jail a probationer in violation of the plain...

Expunging DUI edited to improper- Fairfax criminal lawyer speaks

Expunging DUI charges that get reduced to a conviction for something less serious sounding, is a real challenge in Fairfax when the amended reckless count is reckless driving generally, which statute provides: "Irrespective of the maximum speeds permitted by law, any person who drives a...

Nearness impacts drug defense, says Fairfax criminal lawyer

Nearness and distance from controlled substances and are among the critical considerations in Virginia drug defense and all other contraband defense. As a Fairfax criminal lawyer, I know that the mere existence of contraband at one's residence is not enough, by itself, to obtain a...

Citizen’s arrests- Fairfax criminal lawyer on their limits

Citizen's arrests (CA's) are permitted to a certain extent by Virginia appellate caselaw. As a Fairrax criminal lawyer, I know that a police officer without jurisdiction to act as a police officer generally is empowered by Virginia appellate caselaw to detain and arrest people the...

Breakthrough negotiations- Fairfax criminal lawyer tells you how

Breakthrough settlement negotiations are key in criminal defense. As a Fairfax criminal lawyer, I know that merely going throug the motions without the attorney's putting their heart and sould into it can be as effective as trying to break a glass with a wet noodle....

Extended police stops – Fairfax criminal lawyer says beware

Extended police stops that have no Constitutionnal basis, are ripe for challeging as a Constitutional Fourth Amendment violation. As a Fairfax riminal lawyer, I know that numerous poice like to elongate their interaction with a suspect in order to fish for evidence of criminal activity,...

Video evidence authentication – Fairfax criminal lawyer comments

Video evidence (VE) can help or haunt a prosecuted person. As a Fairfax criminal lawyer, I know that VE can act as its own witness, with the watcher giving more credence to such footage than to live testimony, unless concerned about doctored, partially deleted, or...

Knives – Not all must be open carry, says Fairfax criminal lawyer

Knives and other potential and actual weapons should not be carried concealed before you know the relevant Virginia criminal law. which starts primarily at Virginia Code § 18.2-308 , which mainly provides: "A. If any person carries about his person, hidden from common observation, (i) any...