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Jail avoidance- Fairfax criminal defense lawyer’s goal

Jail avoidance (JA) is among an accused's top goals, with acquittal or outright dismissal being even better. As a Fairfax criminal defense lawyer, some of the most common initial questions -- good ones they are -- that I hear from accused people are: Will I...

Speedy trial considerations- Fairfax criminal defense lawyer speaks

Speedy trial considerations (ST) are several. As a Fairfax criminal defense lawyer, I point out that Virginia criminal defendants have both statutory and Constitutional (both state and federal) Constitutional ST rights. The federal Sixth Amendment provide: : "In all criminal prosecutions, the accused shall enjoy...

Simulated masturbation defense- Fairfax criminal lawyer comments

Simulated masturbation (SM) prosecutions call for full defense in Virginia. As a Fairfax criminal defense lawyer, I am delighted that the Virginia Court of Appeals generally bars a single crotch grab, by itself, from being an SM crime. Hazelwood v. Commonwealth of Virginia, 87 Va.App. 823...

Geofence Search Warrants & 4th Amendment – Fairfax Lawyer Comments

Geofence search warrants can get you Fourth Amendment Constitutional search protections. As a Fairfax criminal defense lawyer, I know that to be so from the five-justice majority opinion in Chatrie v. United States, ___ U.S. ___ (June 29, 2026), which includes a spirited dissent by three...

Virginia Evidence – District Court Discovery Update- § 19.2-264.15

Virginia evidence disclosure law has moved further forward for District Court matters, on balance, with the July 1, 2026, effective date of Virginia Code § 19.2-264.15, requiring commonwealth's attorneys / prosecutors to provide the defense with requested police reports at least ten days before the...

Hunch seizures are invalid says Fairfax criminal lawyer

Hunch seizures do not satisfy the federal Constitution's Fourth Amendment's prohibition against unreasonable searches and seizures. As a Fairfax criminal lawyer, I welcome the Virginia Court of Appeals' opinion (albeit unpublished) reversing the conviction of Marquis Donte Chisholm, Jr., for possession of a firearm by...

Lessons from Fairfax criminal lawyer for his clients for court dates

Lessons for your court date are important for you to obtain from your Virginia attorney. As a Fairfax criminal lawyer, I tell my clients many essential things about their court dates that are tailor-made to them and their cases. Below are some important ideas I...

Recognizing racial issues in the criminal justice system

Recognizing racial issues in the criminal justice system is essential, says Fairfax criminal lawyer Recognizing racial issues in the criminal justice system is essential. As a Fairfax criminal lawyer, I know that racism remains in our nation and the world, which means that racism can...

Bad acts evidence- Fairfax criminal lawyer says fight it

Bad acts evidence (BAE) -- more succinctly prior BA evidence -- might spell the difference between acquittal (if excluded at trial) or conviction in your prosecution. As a Fairfax criminal lawyer, I know that the Virginia rules of evidence say: "Except as provided in Rule...

Attack (verbally in court) Virginia DUI police stops

Attack (verbally, in court, through your attorney) Virginia DUI police stops, or suffer the consequences. As a Fairfax criminal lawyer, i share with you a very low threshold to permit police vehicle stops for suspicion of DUI. McCumber v. Commonwealth of Virginia, ___ Va. App....