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Appealing From Virginia Probation Revocations & Stricken 251s

Appealing from any loss in court is an important option to consider, including for probation revocations and stricken dispositions under Va. Code § 18.2-251 (also known as 251). As a Virginia criminal lawyer, I know that any feeling of dread over a probation revocation or...

Gamble not with BAC testing, warns Fairfax DUI lawyer

Gamble with slot machines, but not with what your blood alcohol test result might be after consuming alcohol. As a Fairfax DUI lawyer, I know that it takes not much beer, wine, or alcohol / liquor to yield a test result on the Intox EC...

Shifting terrain is a constant – Virginia criminal lawyer

Shifting terrain and circumstances are the only constant in criminal court. As a Virginia criminal lawyer, I know that Benard Ighner could have been singing about criminal defense with "there are not many things in life you can be sure of, except rain comes from...

Probation violation cases and juries – Fairfax criminal lawyer

Jury trials usually are not associated with probation violation nor sentencing proceedings. At the same time, as a Fairfax criminal lawyer I know that criminal defendants have a right to a jury to determine whether facts exist beyond a reasonable doubt to impose mandatory minimum...

Multiple theft count aggregation – Virginia criminal lawyer

Multiple theft convictions convictions can prove a bigger headache for criminal defendants than one larceny conviction. As a Virginia criminal lawyer, I know the scarlet letter represented by even one theft conviction and the need to fully fight such prosecutions.

Jury selection requires sufficient probing – Fairfax criminal lawyer

Jury selection and voir dire in Virginia are arts in themselves, where criminal defense lawyers and all other lawyers have a chance directly to ask questions of and persuade potential jurors. As a Fairfax County, Virginia, criminal defense lawyer, I know the value of having...

Sexual battery is a VA misdemeanor – Fairfax criminal lawyer

Sexual battery is a misdemeanor in Virginia. This past week, en banc, the Virginia Court of Appeals affirmed a sexual battery conviction where the defendant twisted his victim's breasts as hard as he could. Virginia v. Robinson, ___ Va. App. ___ (June 18, 2019). As...

Racial injustice cannot be ignored in court – Virginia criminal lawyer

Racial injustice remains too common. Society has made important strides towards racial justice after Martin Luther King, Jr., shared his dream, but we remain far from reaching his goal for full racial justice. As a Virginia criminal lawyer who moved from Manhattan to attend law...

Double Jeopardy Limits When FEDs Prosecute

Double jeopardy rights are enshrined in the Fifth Amendment to the United States Constitution: No person shall be "subject for the same offense to be twice put in jeopardy of life or limb." As a Fairfax County, Virginia, criminal defense lawyer, I have long known...