Criminal Defense
Assault defenses in Virginia
Assault defenses when unwanted touching is alleged - Fairfax criminal lawyer. Assault defenses in Virginia include demonstrating that the defendant's touching was "justified or excused.” Perkins v. Virginia, 31 Va. App. 326 (2000). As a Fairfax criminal lawyer, I know that although a "kiss is...
Cocaine and drug possession definition – Virginia criminal lawyer
Cocaine is what Ella Fitzgerald gets no kick out of , but in Virginia, a conviction for the mere possession or use of cocaine or any other Schedule I or II drug kicks the defendant with a Class 5 felony offense carrying up to ten...
Repeat drug offense risks enhanced sentencing – Virginia criminal lawyer
Repeat drug offenses risk enhanced sentencing, says Virginia criminal lawyer. Repeat drug convictions risk mandatory minimum and enhanced prison sentencing both on the Virginia state and federal court level. As a Virginia criminal attorney, I know that the financial incentives to deal illegal drugs might...
License suspensions for unpaid Virginia court fines – soon to end
License suspensions and revocations are a harsh reality for those who miss Virginia court deadlines for paying court-ordered fines, costs and restitution. As a Virginia criminal lawyer, I know that driving on a suspended or revoked driving license can bring serious penalties.
Object to inadmissible jury sentencing evidence – Fairfax criminal lawyer
Object to inadmissible jury sentencing evidence, or have the Virginia criminal defendant suffer the consequences. As a Fairfax criminal lawyer, I know that in the heat of battle the defendant's lawyer needs nevertheless not to overlook both objecting timely when an objection needs to be...
Passing bad checks risks a theft conviction – Virginia criminal lawyer
Passing checks on insufficient funds risks a theft conviction. Va. Code § 18.2-181. As a Virginia criminal lawyer and as a former commercial bank examiner/auditor during the year before law school, I know that passing bad checks is all too common.
Fairfax criminal lawyer on the...
Danger from bringing a machete to a courthouse gunfight – Fairfax lawyer
Danger abounds when insufficiently armed for court, says Fairfax criminal lawyer. Danger lurks around every corner in a criminal courthouse. As a Fairfax criminal lawyer, I know it is essential to go to court fully prepared for battle. Criminal defense is not an exercise for...
Risks must be taken in criminal defense says Virginia criminal lawyer
Risks must be taken in criminal defense, says Virginia criminal lawyer. Risks can abound in criminal defense. As a Fairfax criminal lawyer having defended over three thousand criminal defendants since 1991, I fully know that. For my clients who actually committed the crime for which...
Qualifying expert witnesses in Virginia criminal cases- Fairfax lawyer
Qualifying a proposed expert witness for a Virginia criminal trial both rests in the sound discretion of the trial judge, for starters. As a Fairfax criminal lawyer, I also know that qualifying an expert witness for a criminal trial requires the following: If scientific, technical,...
Witness unavailability does not always assure acquittal
Witness unavailability for the prosecution will not automatically avoid a conviction for a criminal defendant, which I have said many times as a Fairfax criminal lawyer. Mitchell Larnell Bennett learned that lesson when the Virginia Court of Appeals last week affirmed his felony drug distribution...
