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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,...

Virginia DUI Breath Testing – Fairfax Criminal Lawyer on the 20 minute rule

Virginia DUI breath testing is always ripe for trial challenges. As a Fairfax criminal lawyer, I always explore this line of attack, including with the breathalyzer twenty minute rule. The Virginia Department of Forensic Science's own breath test operator instructional manual ("DFS Manual") provides the...

Documents Near Drugs Not Enough to Convict

Documents in your name are not desireable when found in close proximity to illegal drugs, also known as controlled substance's. As a Fairfax criminal lawyer, I know that a conviction for drug possession cannot be obtained absent proof beyond a reasonable doubt of knowledge, dominion...

Jail Fallout & Workarounds – Fairfax Criminal Lawyer on Incarceration Risks

Jail risks in Virginia criminal court sometimes may be anticipated and sometimes not. As a Fairfax criminal lawyer, I pursue not only acquittals, but also ways to minimize the collateral damage from a Virginia criminal conviction on one's career, security clearance, immigration status, uniformed military...

Virginia judges will lose veto over unbiased party-agreed dismissals

Virginia judges -- at least some in Northern Virginia, Norfolk and Portsmouth courts -- have engaged in pushback of one sort or another after self-styled reformist chief prosecutors took office there. As a Fairax criminal lawyer, I am delighted to report that on October 21,...