Criminal Defense
Appeal When Convicted in a Virginia Trial on an Indictment
Appeal after a Circuit Court trial conviction on an indictment, says Fairfax criminal lawyer Appeal your Virginia Circuit Court guilty finding at trial on an indictment. As a Fairfax criminal lawyer I say this (there are exceptions to every rule) because governing caselaw generally prevents...
Jeopardy Attaches Once a Witness is Sworn Confirms a Fairfax Judge
Jeopardy is among the essential avenues for criminal defense lawyers to consider. As a Fairfax criminal lawyer, I know that prosecutors might have the temptation to dismiss a case mid-trial when they see their chances of victory slip, but that such action precludes later renewing...
Testing drugs takes months in Virginia says Fairfax criminal lawyer
Testing for allegedly illegal drugs/ controlled dangerous substances -- other than marijuana plant material (versus hashish oil) -- commonly takes at least four months in my clients' drug cases, and often longer. An exception is for marijuana plant material testing, where I have seen recent...
Tire chalking is a Fourth Amendment search says Fairfax criminal lawyer
Tire chalking is a common way for police or other parking ticketers to monitor whether a vehicle has overstayed the maximum duration for a parking space. As a Fairfax criminal lawyer I know that any incursion of government employees onto one's property might implicate the...
Negotiations in Virginia criminal cases – Legal fictions & plea deal collapse
Negotiations are typically a critical part of criminal defense, always from a position of trial readiness. As a Fairfax criminal attorney, I know that negotiations are not always about seeking a guilty/ no contest/ Alford plea deal versus working to convince the prosecutor to dismiss...
Jury selection- Fairfax criminal lawyer on early disclosure about sentencing
As harsh as the Virginia criminal justice system generally is when compared to its two northern neighboring jurisdictions, a blessing in Virginia is that lawyers in criminal and civil cases get to question and talk with potential jurors at length in the jury selection/ voir...
Immunity and the Fifth Amendment – Fairfax Criminal Lawyer
Immunity law needs to be considered by any trial witness wishing to assert the Fifth Amendment right to remain silent. As a Fairfax criminal lawyer, I have experienced several case dismissals for assault cases where the complaining witness hires a lawyer who tells the prosecutor...
Sex Offender Registration – Virginia Supreme Court Affirms Conviction
Sex offender registration is but one of the harsh realities for those convicted in Virginia for rape, other sexual assault, child pornography, and soliciting minors for sex. As a Fairfax criminal lawyer, I know that the conviction and sentence for such crimes is a sharp...
Battling for one client at a time – Fairfax criminal lawyer
Battling for criminal defense clients can be seen either as a great opportunity to help people and protect civil liberties, or else as a constant struggle against an overly unjust criminal justice system. As a Fairfax criminal lawyer, I choose the first approach, in that...
Consent is essential for sexual activity says Virginia criminal attorney
Consent is necessary for any sexual activity. As a Virginia criminal attorney, I know that mutually consensual private adult sexual activity generally is protected as lawful. Failing to obtain consent can be fatal. Consent is not defined by absence of resistance nor of oral protest...
