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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...

Probation revocation sentence cap not retroactive says Virginia Court App.

Probation revocation proceedings are all too common in Virginia, and concern criminal defendants about their sentencing exposure. As a Fairfax criminal lawyer, I exulted when the statutory law changed to strictly limit criminal defendants' jail and prison risks for probation violations that are technical rather...