Criminal Defense

Reform in criminal law -- to criminal defendants' benefit -- is a likelihood for this winter's Virginia legislative session, now that Democrats control both the executive branch and both houses of the Virginia legislature. As a Fairfax criminal lawyer, I am keeping track of these...

Firearm and ammunition possession by those with a prior felony conviction is a Class 6 felony in Virginia, with more severe penalties if the prior conviction was for a violent felony. Va. Code § 18.2-308.2. As a Fairfax criminal defense lawyer, I know that firearm...

Marijuana dismissal for most simple pot possession (versus possession with intent to distribute) cases has arrived with the new Fairfax County and Arlington County, Virginia, prosecutors, who took office this week. As a Fairfax criminal lawyer, I see this as a big leap forward for...

Appear timely for your criminal court date, or risk an appearance failure (FTA) prosecution and warrant for your arrest. As a Fairfax criminal lawyer, I know that many criminal defendants incur FTA charges, whether due to not appearing on the arraignment date, missing a hearing...

Trial day is showtime, ideally when substantial preparation has already taken place by the attorney and his/her criminal defense client. As a Fairfax criminal lawyer, I know how important it is not only to be fully prepared for trial, but also for the defendant to...

Probable cause ("PC") under the Fourth Amendment is required both for police to conduct a search for a criminal investigation, and to arrest a suspect. As a Fairfax criminal lawyer, I find it curious at the very least that the Virginia Supreme Court continues to...

Misidentification runs rampant in obtaining criminal convictions for murder, robbery, rape and other prosecutions. As a Fairfax criminal lawyer, I urge that the law be updated to at least permit wider opportunities than currently exist for Virginia criminal defendants to present jurors with expert witness...

Cameras abound to record our driving behavior, interactions with police, and even blowing our nose in a retail store. As a Northern Virginia criminal lawyer, I know that this ever-present camera situation provides both opportunities and challenges for criminal defendants. Virtually ubiquitous video cameras are...

Naysayers are many, but the criminal defendant must pursue victory, says Fairfax criminal lawyer Naysayers — those who too quickly insist that risks will fail — can abound in courthouses, even among some otherwise excellent criminal defense lawyers. As a Fairfax criminal lawyer, I remind...

Other crimes evidence generally is inadmissible at trial. As a Fairfax criminal lawyer, I know that evidence of criminal acts not being prosecuted at trial is only admissible as follows: "Generally, evidence of an accused’s other criminal acts is 'inadmissible to prove guilt of the...