Criminal Defense

Virginia suspended sentences -- and their related probation lengths and conditions -- need to be taken seriously by criminal defendants, because sentencing judges take seriously every aspect of the sentences they impose, and not merely any active jail and prison time they order. As a...

Mischaracterization of evidence from Virginia police is so common as to be beyond exasperating to those who do not know that such evidence distortion may well be coming from around the corner. As a Fairfax criminal lawyer, I know to expect, address and remedy such...

Controlling runaway prosecution witnesses is an approach and skill that is essential in a criminal defense lawyer's arsenal. As a Fairfax criminal lawyer, I accept as a given that plenty of Virginia police and civilian prosecution witnesses are going to try to take control of...

Fairfax trial judges -- and all judges -- must follow the requirement of Miranda v. Arizona to preclude trial testimony and evidence from being presented by the commonwealth's attorney about the defendant's answers to questioning after asserting their right to remain silent or to the assistance...

Virginia obstruction of justice convictions cannot be obtained for mere flight from police. As a Fairfax criminal lawyer, I know that the foregoing scenario changes if the criminal defendant pushes on a police officer to get away from him or her. Lucas v. Commonwealth of Virginia,...

Virginia street gang law makes it a class 5 felony (1) to participate in or be a member of a criminal street gang, and (2) to knowingly and willfully participate in any predicate criminal act (3) committed for the benefit of, at the direction of,...

Virginia uncorroborated sexual assault claims cannot lead to a conviction without credible testimony from the alleged victim. As a Fairfax criminal lawyer, I know that for that reason, in 1977 the Virginia Supreme Court reversed a rape conviction finding the complainant's incredible as a matter...

Virginia prosecutions for soliciting minors for sexual activity often involve sting operations with a police officer masquerading as a minor. As a Fairfax criminal lawyer, I would hope the image of a bearded, balding (let's add full of offensive body odor and ugly, if that...

Virginia false criminal allegations can lead to wrongful arrests, prosecutions and convictions. As a Fairfax criminal lawyer, I know that videotaping and audiotaping equipment is now so advanced and inexpensive that one can barely take a stroll in a neighborhood without being filmed by residents'...

Fairfax inmate -- and all inmate -- religious rights do not stop at the jail door. As a Fairfax criminal lawyer, I successfully took that argument right to the county detention center authorities when obtaining authorization for my client to return to covering his hair...