Criminal Defense
Virginia unlawful wounding addressed by Fairfax criminal lawyer
Virginia unlawful wounding charges are damning if a conviction results. As a Fairfax criminal lawyer, I commit to memory that the commonwealth's unlawful wounding statute provides that: "If any person maliciously shoot, stab, cut, or wound any person or by any means cause him bodily...
Virginia police officers are not friends of criminal defendants
Virginia police officers are not friends of criminal defendants. As a Fairfax criminal lawyer, I say this out of pure reality, and not from any political agenda, but certainly out of an agenda of pursuing the best possible results for those accused of Virginia DUI...
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...
