Criminal Defense

Judges and jurors must know that police are not immune from lying. Consider Michael Picard's plight. State trooper(s) from my natal state of Connecticut in September 2015 told Picard he was unlawfully filming them. Picard insisted he had the legal right to film them while...

On June 23, 2017, the Supreme Court expanded upon Padilla, by confirming that it is ineffective assistance of counsel under the Sixth Amendment for a criminal lawyer to misadvise his or her client that a particular conviction or sentence will not carry adverse immigration consequences. Jae...

When a homicide defendant knows s/he will be found to have caused the decedent's death, the defendant often finds himself or herself pursuing a self defense claim, or else a claim of a lesser level of culpability than first degree murder (for instance manslaughter or...

A conviction for soliciting a minor for sexual activity can bring harsh sentencing. Va, Code § 18.2-374.3.  In an unpublished 2-1 opinion, Virginia's Court of Appeals on May 30, 2017, reversed Mark Murgia's conviction under said statute, because as disgusting as his words were to a...

People need to be careful of their words, lest they end up eating those words. Randell Linlaw learned that the hard way. Kinlaw entered a tanning salon, and passed the employee a note proclaiming  words along the lines of "I have a gun. I don’t want to...

Here are some basics for defending Virginia prostitution solicitation cases. Prostitution police stings are common at Fairfax County hotels. One cop told me that some hotels ask the cops to set up such stings because they do not want such actual activity taking place at...

Everyone gets angry, at least sometimes. Anger, rooted in fear, is weakening and even debilitating. However, it also is debilitating for us to beat up on ourselves for getting angry, and to beat up on ourselves for anything. We must continue on the positive and...

Misidentification is rampant in causing arrests, prosecutions and convictions. I have said it before, including here. I also say it today, with the news of an innocent Kansas inmate -- Richard Jones -- freed 17 years from incarceration, only after he learned about a look-alike...

Beware when judges and prosecutors dangle before criminal defendants the prospect of an ultimate dismissal of a criminal case after first necessitating a finding of facts sufficient to prove guiltB , whether under Va. Code § 19.2-303.2 or otherwise. Beware even when criminal defense lawyers encourage...

Assuming that Joshua Charles Moseley was innocent of his conviction for two counts of burglary, he would have benefited nicely by following my advice to beware who has access to your car -- and whose car you borrow, for that matter -- rather than letting...