Criminal Defense

Fairfax misdemeanor prosecutions without a prosecutor now risk dismissal more than ever Fairfax misdemeanor prosecutions without prosecutors have been common in the majority of this county’s misdemeanor cases for most of 2020 through present, except for lawyers from the commonwealth’s attorney’s office being routinely involved...

Police seizure under the Fourth Amendment happens when police apply any touching or force with intent to restrain the person Police seizure (PS) is critical to determining whether a law enforcement officer’s (LEO) encounter with a criminal suspect required probable cause to believe that the...

Fairfax prosecutor absence should not be interpreted as an invitation to go to District Court by yourself Fairfax prosecutor absence has for nearly a year been common for most Virginia misdemeanor cases in this county courthouse, other than for DUI, intimate partner assault, and fatal...

Trial success is about pursuing the extraordinarily persuasive story, says Fairfax criminal lawyer Trial success in Virginia criminal court comes from trial experience and ability, killer instincts, passion for the criminal defendant’s cause, and in-the-moment cunning. As a Fairfax criminal lawyer, I know that preparing...

Pretrial detention presumptions are reversed by Virginia legislation awaiting the governor’s signature Pretrial detention (PD) presumptions are a reality for presumed-innocent people prosecuted in Virginia for alleged designated repeat drug felony charges, robbery, other violent crimes, and other felonies. This is an even more serious...

Defensive attack will not fly against a Virginia criminal defendant’s own procedural error Defensive attacks against a Virginia criminal defendant’s self-created procedural error will not fly in criminal court. As a Fairfax criminal lawyer, I know that this rule is not automatically bad for the...

Protect yourself by declining answering police questions as a suspect, says Fairfax criminal lawyer Protect yourself when police ask you questions when a criminal suspect or potential suspect. As a Fairfax criminal lawyer, I know you help yourself by asserting your Fifth Amendment right to...

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 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 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...