Criminal Defense
Continuous offense doctrine in Virginia- Fairfax criminal lawyer comments
In Francis, the Virginia Court of Appeals ruled 2-1 that the evidence was sufficient to convict in two separate neighboring county circuit courts for felony eluding police from the same police officer during the same chase. Rejecting that the two separate convictions protected Francis under...
Multiple criminal actions risk harsh sentencing says Fairfax criminal lawyer
Multiple criminal actions mean that the perpetrator might receive a separate Virginia criminal charge for each such action, rather than having them all rolled into one criminal accusation. As a Fairfax criminal lawyer, I know that the concept of a harsher sentence for more criminal...
Miranda applicability addressed by Fairfax criminal lawyer
Miranda applicablity depends on whether the criminal defendant is in police custody. As a Fairfax criminal lawyer, I hear many arrestees underline that the police did not read them their rights. However, without police custody, the Miranda rule from the United States Supreme Court does not...
Protective Order Violations with Injury – Fairfax Criminal Lawyer Comments
Protective order violations in Virginia are a criminal offense. As a Fairfax criminal lawyer, I think initial protective orders ("PO's") -- both emergency and prelminary PO's, which bar such behavior as contacting the respondent and assault -- are too often a threat to our civil...
Private Prosecutors are Limited by Virginia Law
Private prosecutors are the exception to the usual Virginia practice of having prosecutors be elected officials or their employees, or private practicing lawyers hired by incorporated cities or towns. As a Fairfax criminal lawyer, I am ready to seek the disqualification of a private prosecutor...
Marijuana Odor to No Longer Allow VA Police Searches
Marijuana odor detection is a favorite of law enforcement to justify detaining and arresting people; searching them, their vehicles and their other property; and obtaining search warrants to seek further evidence of criminal activity. As a Fairfax criminal lawyer and civil libertarian, I am overjoyed...
Welcoming Virginia DUI Court – Criminal Lawyer on Overcoming Fears
Welcoming court at first feels counterintuitive for most Virginia DUI defendants and criminal defendants. However, as a Fairfax criminal lawyer I know that once a Virginia criminal defendant is forced into the courthouse battlefield, s/he has only one choice, which is to fight, fight and...
Firearm Curbs from VA Protective Orders
Firearm curbs are part and parcel of a Virginia protective order (also known as stay away and no-contact orders, commonwly issued in tandem with assault claims). As a Fairfax criminal lawyer, I see such curbs as flying in the face of the letter and spirit...
Fairfax Judge on Constitutionality of Bail – VA Criminal Lawyer Comments
Fairfax Circuit Court Judge David Bernhard early on in his judgeship made clear his inclination against imposing cash bail. As a Fairfax criminal lawyer and civil libertarian, I read with interest how Judge Bernhard this month went one step further with a letter opinion (which...
Criminal Defense Victory with Powerful Calmness, Humor & Enchantment
Criminal defense victory usually does not come easy, but is more possible when the Virginia criminal lawyer is powerfully calm and maintains a sense of humor, wonder and enchantment in life. As a Fairfax criminal lawyer, I know by experience the power of this approach,...