Criminal Defense

Fairfax optional discovery order ("Order") forms are addressed in part 1 of this article (here). This is the second and final part of this blog entry on this topic by me, a Fairfax criminal lawyer handling felony, misdemeanor and DUI defense for decades in Fairfax...

Fairfax cases do not all have prosecutors assigned for misdemeanor cases, as explained here. As a Fairfax criminal lawyer, I need to obtain the discovery evidence to which the law entitles me, regardless of whether a prosecutor will handle the case or not. Virginia misdemeanor...

Fairfax judges this month via a unanimous Circuit Court issued a plan against systemic racism in the county's judicial system. As a Virginia criminal lawyer, I am heartened with this step forward that adds to positive steps for criminal defendants expected in this month's special...

Reckless driving is a Virginia Class 1 misdemeanor in Virginia, carrying up to one year in jail, a fine up to $2500, and up to six months suspended driving. As a Virginia criminal lawyer, I know that Virginia's reckless law is not proven merely by...

Beware what happens when police find contraband in the automobile in which you are in the driver's or passenger's seat. As a Fairfax criminal defense lawyer, I know that too many Virginia police and prosecutors will pursue a prosecution of everyone in the car, leaving...

Resisting arrest law risks excessive police use for charging unruly criminal defendants, as do charges of disorderly conduct and felony assault on law enforcement. As a Fairfax criminal lawyer, I have my eyes keenly attendant to that reality when defending each client charged with such...

Case outcomes for criminal defendants can improve overall when Fairfax prosecutors bow out of most misdemeanor matters. As a Fairfax criminal lawyer, I recently experienced such benefit. Although a prosecutor can be more reliable for producing discovery in conformity with Virginia Rule 7C:5 and Brady v....

Challenge police searches if the search leads to your being prosecuted. As a Virginia criminal lawyer, I know that the Exclusionary Rule of the Constitution’s Fourth Amendment will sometimes yield the suppression of the evidence seized by police. Aaron Emile McArthur is a recent beneficiary...

Coaching has perhaps become an overused phrase by those offering that category of professional services. As a Fairfax criminal lawyer, I view lawyer counseling not as Chris Farley's cracking us up as the man in the van down by the river. Instead, I know that...

Challenges abound with the Fairfax County Commonwealth's Attorney's Office's recently-announced shift to only prosecute a limited universe of misdemeanor cases. As a Fairfax criminal lawyer, I know that this change is a double-edged sword, both providing opportunities and hurdles to the defense. On the one...