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Criminal Defense

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Keeping the criminal defense eyes on the prize of victory

Keeping focus on victory helps make the naysayers, hecklers and vicious folks disappear from sight and sound. One day a rather new Fairfax, Virginia prosecutor motioned me into the courtroom antechamber while we awaited our DUI trial to be called, so I thought he was either...

Trespassing conviction may not bar a burglary prosecution in Virginia

Trespassing may be prosecuted in Virginia both for remaining on property after the owner's authorized agent says to leave, and entering property posted against doing so. Va. Code § 18.2-119. As a Fairfax criminal lawyer, I know that such a conviction does not automatically preclude...

Knowing One’s True Self As A Criminal Defense Lawyer

Knowing one's true self is vital to anyone's life. As a Fairfax criminal lawyer, I know that discovering and reccognizing my true self is essential not only to me as a person, but for everything I do as a criminal defense lawyer, from connecting and...

Masked justice must not compromise justice says Fairfax criminal lawyer

Masked people abound as Covid-19 continues without a care, moving from host to host, slowing here and surging there. As a Fairfax criminal lawyer, I know that coronavirus must not be permitted to water down justice. For Due Process and the Sixth Amendment's Confrontation Clause...

LEO consent search exempts need to confirm ownership of each container

LEO -- law enforcement officers -- home searches can only lawfully take place with a valid search warrant, sufficient consent from an authorized person, or (infrequently) exigent circumstances. As a Fairfax criminal lawyer, I know that police search caselaw is not as friendly to criminal...

Mistrial can Trigger Double Jeopardy

A mistrial can happen for a number of reasons in Virginia, including a hung jury and evidence of misconduct in the jury room. As a Fairfax criminal lawyer, I know that a criminal defendants' Fifth Amendment Double Jeopardy rights bar a retrial after a mistrial...

Fairfax policing not immune from misconduct, says Fairfax criminal lawyer

Fairfax policing of course is not immune from misconduct, because police are humans, and all humans are fallible. As a Fairfax criminal lawyer, I am thankful that body camera footage caught Fairfax County, Virginia police officer Tyler Timberlake unnecessarily tasing a disoriented man not just...