Criminal Defense
Breaking attempt can be proven in Virginia by shaking doors after hours
Breaking and entering attempt is a crime in Virginia, says Fairfax criminal lawyer Breaking and entering (B&E) is barred by Virginia criminal law, as it can be a prelude to a burglary or robbery. As a Fairfax criminal lawyer, I also know that attempts can...
Pushing a cop is an assault in Virginia, says Fairfax criminal lawyer
Pushing a police officer is a Virginia felony offense, says Fairfax criminal lawyer Pushing a police officer — absent legal justification to do so — is a Virginia felony offense. As a Fairfax criminal lawyer, I read that Juan Luis Lopez was unsuccessful in arguing...
Child sex offense conviction affirmed by Virginia Supreme Court
Child sex offense affirmance addressed by Fairfax criminal lawyer Child sex offense prosecutions are not sympathetic to jurors, judges, prosecutors, nor the public, unless the defendant is clearly not guilty. As a Fairfax criminal lawyer, I know that a significant percentage of adults not only...
Rental non-return is a Virginia theft offense, says Fairfax criminal lawyer
Rental non-return is a Virginia theft offense, says Fairfax criminal lawyer Rental non-return risks a Virginia theft prosecution. As a Fairfax criminal lawyer, I know that wrongful late return or non-return of rented property for over thirty days is a theft offense. Specifically: “Whenever any...
Jury trial resumption addressed by Fairfax criminal lawyer
Jury trial resumption is becoming more common says Fairfax criminal lawyer Jury trial resumption (JTR) will be more common as we get farther from the darkest days of Covid-19 and further along with getting more groups of people eligible for coronavirus vaccination. As a Fairfax...
Outcomes in Criminal Court Eclipse Praise from a Judge or Cop
Outcomes are what matter in Virginia court, says criminal defense lawyer Jon Katz Outcomes are what matter in court for Virginia DUI and criminal defendants. As a Fairfax criminal lawyer, I would any day choose a barking judge who acquits my client over a smiling...
Child witnesses and watered-down Virginia criminal trial confrontation
Child witnesses in Virginia criminal trials sometimes get protected against full confrontation by criminal defense lawyers Child witnesses can be dangerous for Virginia criminal defendants in two evidentiary respects at trial. As a Fairfax criminal lawyer, I know that one of those two hurdles is...
Getaway driver is as culpable as the robber in Virginia criminal law
Getaway drivers are culpable as principles in the second degree under Virginia criminal law Getaway drivers (GD’s) in robberies often are lulled by police with the following questioning: “I know you were just the GD, and did not hold up the bank. Right?” As a...
Collective knowledge doctrine gets Virginia drug conviction affirmed
Collective knowledge doctrine can be a hurdle to Virginia criminal defendants seeking to suppress evidence Collective knowledge doctrine (CKD) was addressed this month by the Virginia Court of Appeals in denying a drug felony appeal. As a Fairfax criminal lawyer, I know that this doctrine...
Fairfax misdemeanor appeals – When the complainant does not appear
Fairfax misdemeanor appeals – What happens with complainant absence when no prosecutor participates? Fairfax misdemeanor convictions in District Court proceed to the Circuit Court when the defendant timely and correctly appeals for a new trial. When that happens, the defendant has no opposing prosecutor in...
