Criminal Defense
Virginia guerrilla lawyering against DUI & criminal prosecutions
						Virginia guerrilla (VG)  lawyering is essential in terms of relentlessly, effectively and skillfully fighting for criminal and DUI defendants until the best possible results are achieved. As a Fairfax criminal lawyer, I draw my ongoing inspiration for VG lawyering from all relevant places, regardless of...					
					
					
				Virginia firearm law risks a conviction even if not caught redhanded
						Virginia firearm law is among the most Second Amendment-friendly in the nation, but does not greenlight firearm possession by convicted felons nor reckless handling of such weapons. As a Fairfax criminal lawyer, I know that being caught redhanded in unlawful possession of a firearm is...					
					
					
				Virginia public safety exception to Miranda- Fairfax lawyer explains
						Virginia public safety exception caselaw gives police a certain extent of leeway to question detained criminal suspects without first reading them their rights under Miranda v. Arizona, 384 U.S. 436 (1966), to remain silent and to a lawyer. As a Fairfax criminal lawyer, I believe that the...					
					
					
				Virginia mistrial law addressed by Fairfax criminal lawyer
						Virginia mistrial law gives prosecutors even wide shenanigan latitude before a criminal defendant may benefit from making a mistrial motion (MM) l and arguing that the Sixth Amendment Constitutional Double Jeopardy clause bars a retrial. As a Fairfax criminal lawyer, I see that the Virginia...					
					
					
				Fairfax conviction reversed for Miranda violation- Retrial permitted
						Fairfax conviction results -- and in all other Virginia courts -- can next lead to the defendant's seeking appellate relief. As a Fairfax criminal lawyer, I am very disappointed that a Circuit Court judge in this county found no Miranda violation in Marco Chavarria's sexual battery case,...					
					
					
				Virginia pet cruelty criminal defense – Even omission can become a crime
						Virginia pet cruelty criminal law can be unforgiving. As a Fairfax criminal lawyer, I urge people to familiarize themselves with the key pet welfare statute that I discuss here, which is Virginia Code § 3.2-6570.   Recently, the Virginia Court of Appeals affirmed a bench trial conviction...					
					
					
				Virginia suggestive identification with a bandana allowed by court
						Virginia suggestive identification police procedures should never happen. As a Fairfax criminal lawyer, I know that human nature alone means that we will continue to see suggestive police procedures to identify criminal perpetrators. The best that can be done is to severely reduce the frequency...					
					
					
				Fairfax sentencing ruling solidifies the defense sentencer choice
						Fairfax sentencing -- as with sentencing throughout Virginia -- is by a judge unless a jury has convicted the criminal defendants, and unless the defendant has filed a written election for a jury sentencing at least thirty days before trial. Virginia Code § 19.2-295. As a...					
					
					
				Virginia LEO do not get to search merely for an unsealed liquor bottle
						Virginia LEO (law enforcement officers) do not automatically get the right under the Constitution's Fourth Amendment to search a car or other place merely for seeing an alcohol bottle that is not sealed together with some drug contraband, because that is not probable cause by...					
					
					
				Virginia gun rights and the Supreme Court landmark ruling
						Virginia gun rights are strong, and the Supreme Court’s recent landmark ruling can lead to more expansive weapons rights Virginia gun rights are among the strongest in the nation. As a Fairfax criminal lawyer, I know that before this week’s landmark Supreme Court Second Amendment...					
					
					
				
