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Searching when one occupant objects- Fairfax criminal lawyer weighs in

Searching homes is not permitted by police under the Fourth Amendment without a search warrant, consent of a resident, or exigent circumstances. As a Fairfax criminal lawyer, I know that one present occupant's objection to such an otherwise consensual search trumps the consent of the...

Judge pushback on dismissals- Fairfax criminal defense lawyer weighs in

Judge pushback on criminal defense-friendly prosecutorial discretion -- including motions to enter cases nolle prosequi / dismissed, and to amend charges downward -- is taking place in at least one county (Arlington) where a self proclaimed reformist chief prosecutor has been in office since January...

Executing non-shooters should be barred says Fairfax criminal lawyer

Executing people is wrong. As a Fairfax criminal defense lawyer, I know that even many former and current Virginia prosecutors now support the abolition of capital punishment. However, the machinery of state-sponsored death continues in many of the United States. Executing people convicted for being accomplices...

Incest to have sex in VA with minor stepchild says Fairfax criminal lawyer

Incest law is commonly known to apply to relatives closely related by bloodline. As a Fairfax criminal defense lawyer, I know that Virginia law also criminalizes having sexual intercourse with one's minor stepchild. Specifically: "[I]f a parent or grandparent commits adultery or fornication with his...

Diffusing tense situations- Approach of Fairfax criminal defense lawyer

Diffusing tense situations can take substantial self control when feeling that the other person has committed a major trespass. As a Fairfax criminal defense lawyer, I know the persuasive and advocacy power of dissipating tension and never escalating it. Much happens in criminal court that...

Beating a DUI by suppressing the stop- Fairfax criminal lawyer weighs in

Beating a DWI prosecution can stem from such approaches as convincing the judge that the traffic stop or arrest did not pass Fourth Amendment Constitutional muster, and convincing the factfinder(s) that the prosecutor has failed to prove guilt beyond a reasonable doubt. One of my...

Cop arrest quotas must stop says Fairfax criminal defense lawyer

Cop arrest quotas are antithetical to the United States Constitution, civil liberties, and justice for criminal suspects and defendants. As a Fairfax criminal defense lawyer, I know that police have a temptation to justify their jobs in part through working to total up a high...

Penalty setting by jurors- Fairfax criminal defense lawyer weighs in

Penalty setting is an awesome power of jurors who convict criminal defendants in Virginia. As a Fairfax criminal defense lawyer, I know the awesome power that juries have not only in terms of determining guilt or innocence, but also with recommending sentences.