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Clothed children do not equal acquittal says Virginia criminal lawyer

Clothed children do not automatically preclude a child pornography conviction. As a Virginia criminal lawyer, I know that this analysis starts with whether the image depicts a nude child or else a clothed child with a nude adult. Dustin Allan Ele, Sr., learned that...

Obstruction is not caused by minor lies says Fairfax criminal lawyer

Obstruction of justice is among the least desirable Virginia Class 1 misdemeanor to be convicted of, versus the less serious-sounding crimes of disorderly conduct or trespassing. As a Fairfax criminal lawyer, I know that charges of obstruction of justice and disorderly conduct can be catch-all...

Appearing alone in court – Fairfax criminal lawyer weighs in

Appearing in criminal court alone can be dicey depending on the circumstances. As a Fairfax criminal lawyer, I know that defendants often want to give themselves time to find and pay for a lawyer, but they also need to know the risks of entering the...

Facing court alone – Fairfax criminal lawyer on its risks

Facing court without a lawyer can be risky even for the most seemingly simple appearances. As a Fairfax criminal lawyer, I know that unrepresented criminal defendants are fishes out of water facing a highly experienced judge and a prosecutor whose abilities run from knowing the...

Handgun convictions without firearm testing – Fairfax criminal lawyer

Handgun convictions in Virginia do not automatically require the recovery nor testing of the weapon. As a Fairfax criminal defense attorney, I know that a firearm element of a firearm offense requires proof that the item is “any instrument designed, made, and intended to fire...

Child Pornography Definition Is Broad Says Virginia Criminal Lawyer

Child pornography will always be a strong focus of federal and state prosecutors. As a Virginia criminal lawyer, I warn people interested in child pornography to obtain any necessary psychological or other help to stay away from it. To those interested in adult pornography, I...

Invoking right to a lawyer – Virginia criminal lawyer weighs in

Invoking one's Fifth and Sixth Amendment right to not talk with police without a lawyer so often spells the difference between liberty and conviction and incarceration. As a Virginia criminal defense attorney, I know that appellate courts only protect this right when invoked clearly and...

Speedy trial rights need clear assertion says Fairfax criminal lawyer

Speedy trial rights in Virginia prosecutions are governed both by the United States Constitution's Bill of Rights' Sixth Amendment and Virginia Code § 19.2-243. As a Fairfax criminal lawyer, I know the importance of clearly asserting one's speedy trial rights in order to protect them....

Appealing From Virginia Probation Revocations & Stricken 251s

Appealing from any loss in court is an important option to consider, including for probation revocations and stricken dispositions under Va. Code § 18.2-251 (also known as 251). As a Virginia criminal lawyer, I know that any feeling of dread over a probation revocation or...

Gamble not with BAC testing, warns Fairfax DUI lawyer

Gamble with slot machines, but not with what your blood alcohol test result might be after consuming alcohol. As a Fairfax DUI lawyer, I know that it takes not much beer, wine, or alcohol / liquor to yield a test result on the Intox EC...