Criminal Defense
Protecting the preliminary hearing right – Fairfax criminal attorney
Protecting the preliminary hearing (PH) right is critical, as underlined in my last blog entry. As a Fairfax criminal lawyer, I know that prosecutors sometimes will try to avoid a PH by direct indicting, by seeking a nolle prosequi/ non-prejudicial case dismissal (which cannot be...
Preliminary hearing defense according to Fairfax criminal lawyer
Preliminary hearings in Virginia are an opportunity for the criminal defense lawyer to challenge "whether there is reasonable ground to believe that he committed" the alleged felony(ies). Va. Code § 19.2-218. As a Fairfax criminal lawyer, I know how important is the preliminary hearing date...
Harmless error rule governs appeals says Fairfax criminal lawyer
Harmless error findings on appeal from a criminal conviction can preclude obtaining appellate relief. As a Fairfax criminal lawyer I know that trial victory is better than waiting for the long process in the Virginia Court of Appeals or commonwealth Supreme Court to see whether...
Confessing crimes – Fairfax criminal lawyer on staying silent
Confessing crimes is what police want from suspects. As a Fairfax criminal lawyer, I know that silence is golden, and that criminal suspects are playing with fire to talk with police -- if at all -- without the presence and assistance of a qualified lawyer....
Jury trial victory only can follow a not guilty plea- Fairfax criminal lawyer
Jury trial practice is the ultimate of criminal defense. As a Fairfax criminal lawyer I know that great criminal defense and cross examination teacher Terry McCarthy may have overstated that a non-jury trial is akin to a slow plea, but I have nonetheless experienced the...
Incarceration time – Virginia criminal lawyer on misdemeanor release dates
Incarceration time and convictions are what my clients and I fight mightily to avoid. Nonetheless, as a Virginia criminal attorney, I know that the jails have inmates, and they want to know when they will be released. In Virginia, non-mandatory minimum jail release dates are...
Enemies & obstacles are illusions says Fairfax criminal lawyer
Enemies are obstacles that are found in abundance if a criminal defense lawyer wants to find them. However, as a Fairfax criminal attorney, I know that acquittals and other court victories are obtained by not getting bogged down by seeming enemies nor by apparently insurmountable...
Minors and sexual fantasies do not mix says Virginia criminal lawyer
Minors are heavily protected under Virginia law against adults seeking sexual activity with them. As a Virginia criminal lawyer, I know that adults are prohibited from knowingly and intentionally doing the following with children under fifteen years old (and even with cops posing as such...
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...
