Criminal Defense
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,...
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...
Deals – Fairfax Criminal Lawyer Says VA Prosecutors May Decline Bargaining
Deals are a common part of Virginia criminal defense practice. As a Fairfax criminal lawyer, I know that this does not mean that every criminal defendant should plead guilty, no contest or Alford, rather than going to trial or negotiating a case dismissal. I do know...
