Criminal Defense
Virginia detainee calls & visits are recorded says Fairfax criminal lawyer
Virginia detainee phone calls are visits are all recorded unless the discussion is with a lawyer on a designated secure jail phone line or in a lawyer visiting booth. As a Fairfax criminal lawyer, I know that too many inmates lull themselves to thinking they...
Oppressive Virginia bail procedures can be remedied with proposed bill
Oppressive was a great way to describe so many aspects of the Virginia criminal legal system, before the death penalty was abolished, before a whirlwind of criminal defendant-friendly legislation was passed in the 2020 through 2021, and before more enlightened (but not always as defendant-friendly...
Virginia sealing law- Fairfax criminal lawyer on what you need to know
Virginia sealing law is part of the wave of criminal law reforms that resulted during the 2020 and 2021 legislative sessions in the commonwealth as a result of Democratic control of the legislative and executive branches of government, as well as who filled those seats....
Police interpreters get emboldened by Virginia Supreme Court to skip court
Police interpreters are common enough when a suspect does not speak sufficient English. As a Fairfax criminal lawyer, I am exasperated at the lack of sensitivity, respect and understanding by too many police, prosecutors and even some judges toward and about people who speak insufficient...
Confrontation rights beat door opening claims, says Fairfax criminal lawyer
Confrontation rights are critical under the Constitution's Sixth Amendment. As a Fairfax criminal lawyer, I know that prosecutors will try to find ways around this sacred right, including through claims of door opening, as in: "Judge, criminal defense lawyer Parker opened the door, and now...
Virginia concealed handgun permits- Fairfax lawyer on false applications
Virginia concealed handgun permits are seen as a sort of rite of passage for many residents of the commonwealth. As a Fairfax criminal lawyer, I know that to avoid prosecutions and convictions, people need to be meticulous in the contents of their firearm purchase applications...
Virginia Identification Law Does Not Require a Perfect View of the Suspect
Virginia identification law does not require that the person observing the alleged crime in progress have a perfect vantage point. As a Fairfax criminal lawyer, I know that the factfinder -- whether a judge or jury -- generally is vested with deciding whether the eyewitness's...
Virginia police untruths to obtain a criminal suspect’s confession
Virginia police untruths to extract a criminal suspect's confession for decades have been permitted, to a point, by the Virginia Supreme Court. As a Fairfax criminal lawyer, my view is that evidence of such law enforcement prevarication can then be used to argue at trial...
Virginia extended traffic stops- When police use snake oil claims
Virginia extended police traffic stops call for the criminal defense lawyer to be ready to argue to suppress the extended stop as a violation of the Fourth Amendment to the Constitution. As a Fairfax criminal lawyer, I shake my head at the shaky grounds upon...
Scintilla of evidence alone will not require a Virginia criminal jury instruction
Scintilla of evidence sometimes is the best a criminal defense lawyer can argue, often simply seeking jury nullification. However, as a Fairfax criminal lawyer, I know that such a small piece of evidence is too small to require a Virginia trial judge to read a...
