Criminal Defense
You may always decline being sprayed in court with proverbial prune juice and diarrhea
Each day in court is filled with experiences from fragrant flowers to fetid feces. You may always decline being sprayed with proverbial prune juice and diarrhea. Some people absolutely adore prunes, whether dried, stewed, or as juice. (Prunes revolt me. I am so prejudiced against...
Decrying the racism & deadly violence in Charlottesville – Supporting the 1st & 5th Amendments
So much has been posted about the racism and deadly violence in Charlottesville, Virginia, this past weekend that I have little to add except for the following: I send prayers to Heather Heyer, her family, and everyone else who was injured by James Alex Fields, Jr. Fields...
Search warrants are the police tool for finding contraband in homes
One may consider his or her house to be her castle, but police often use search warrants and alleged exigent circumstances to disturb our privacy and serenity in that castle. One such approach is for police to get an excuse to enter a home (for...
Negotiating criminal cases can be like a game of chicken
Negotiating criminal cases can be like a game of chicken. Variations of the game of chicken include riding one's bicycle towards the opponent, to see if the bike rider or pedestrian will move out of the way first. Another variation is throwing a knife at...
Virginia speedy trial rights focus on elapsed time, where federal speedy trial rights address harm
Virginia law provides criminal defendants the magic of the statutory speedy trial rule that focuses on elapsed time, where the federal speedy trial right balances that by looking at the prejudice from any trial delay. Congratulations to Lee Antonio Turner, who this week got his...
Beware throwing that punch if you do not want a manslaughter conviction
As banal and even irritating as the admonition sounded when I was in public school, a person can avoid plenty of aggravation and heartache by always keeping his hands to himself, unless needed for self defense.Â
Challenge Mandatory Minimum Sentencing for Alleged Repeat DWIs
Virginia police and prosecutors love seeking mandatory minimum sentencing in DWI cases for blood/breath alcohol levels allegedly at 0.15 or higher, and for repeat DWI offenses. Mandatory minimum sentencing efforts must always be thoroughly challenged.
Thankfully, Virginia DWI law makes clear that mandatory minimum sentencing for...
Police are from the same cloth as all court witnesses
Police are from the same cloth as all court witnesses, drawn from the general population that ranges from the angelic to the amoral to the sinister. Neither the law nor good sense merits cloaking police with any more presumption of believability nor honesty, than any other...
Beware ever committing hit and run/ leaving the scene of a car collision
The temptations to hit and run/ leave the scene of a car collision can be many, including hitting a parked car when no witnesses seem to be present, not wanting to be discovered having committed possible DWI, driving without a valid and license, being in...
Beware revealing your cellphone ownership and password to the cops
Cringe-worthy is each time that a client tells me s/he revealed his or her cellphone ownership or password to the cops. The same goes for every time that clients tell me they admitted ownership or possession of bags, rooms, or other material or places where...
