Criminal Defense

Virginia lawyer on the need for criminal suspects to remain silent. Silent mouths are essential for criminal suspects. As a Virginia criminal lawyer, I have repeatedly seen the benefits of following this rule of silence, and too often seen the damage from violating it.

Fairfax criminal lawyer on the Virginia Forensic Science Department and Petitions for Writs of Actual Innocence. Virginia Forensic Science Department -- also known as the Department of Forensic Science or DFS -- is involved in such wide-ranging activities as governing breath and blood testing for...

Fairfax criminal lawyer on the risks of fleeing suspects being convicted for nearby abandoned handguns Abandoned handguns can convict nearby fleeing suspects. I know this as a Fairfax criminal lawyer, and Calvin Cardale Townes learned the same, as affirmed this week by the Virginia Court of...

Fairfax criminal lawyer points out the differing scope of appellate rights depending on the court where a guilty plea is entered. Appeal rights after a guilty plea depend on which court took the plea. As a Fairfax criminal lawyer, I here address those differing appeal rights...

Actual innocence reversals are not common in Virginia, but that does not mean that a criminal defendant should not consider that avenue. Today's blogpost is the second of a two-part article on this issue.

Beware pleading guilty, no contest/nolo contendere, or Alford. Doing so bypasses your Constitutional right to trial and hands the prosecutor a conviction. Consequently, as a Fairfax criminal lawyer, I know that before departing from a not guilty/innocent plea, a criminal defendant needs to have fully...

Prolonged police traffic stops too often fly in the face of the Fourth Amendment's prohibition against unreasonable searches and seizures. As a Fairfax criminal lawyer, I know that police try to use traffic stops as a pretext to investigate for such more serious and unrelated...

Commercial driver licenses ("CDL") issued in Virginia are at risk for a whole host of convictions for Virginia criminal charges and traffic infraction charges. The Virginia Department of Motor Vehicles website here provides an overview of these CDL risks from such driving convictions as DUI/driving...

Virginia's presumption of no bail law gets no presumption of innocence offset, as confirmed this week by Virginia's Supreme Court. Virginia v. Duse, ___ Va. ___ (Feb. 12, 2018). As a Fairfax criminal lawyer, I know the harshness of Virginia (Va. Code § 19.2-120) and...

Virginia probation revocations -- as well as probation revocations in any other American jurisdiction -- are risked by new convictions for crimes committed during one's probation period. As a Fairfax criminal lawyer, I know the stiff probation revocation sentencing that can result from proof of...