Criminal Defense

Virginia legislators Scott Surovell and Kaye Kory are sponsoring legislation to further restrict, penalize, and under many circumstances make jailable the use of cellphones while driving. Virginia law already penalizes unlawful cellphone use while driving, as a law infraction that applies a fine.

Criminal defendants fingered primarily or exclusively on eyewitness testimony should fight tooth and nail to get the most beneficial jury instructions, should preserve any cross-racial identification issues for argument and appeal, and should consider whether an eyewitness identification expert should be hired.

In Virginia, marijuana possession is a misdemeanor but hashish oil possession is a felony. How is that possible, when hashish oil comes from marijuana and when the Virginia Code does not define hashish oil?

After all the dizzying strides that the marijuana industry has made in Colorado and other states where marijuana has become lawful, and continued efforts to legalize domestic hemp production, the Trump administration's marijuana policies may make federal litigation all the more necessary and extensive to...

At the Trial Lawyers College, I learned that its founder Gerry Spence is at once an incredibly powerful persuader, very in touch with his strengths and weaknesses, and ready to reveal his vulnerabilities. This started out as simply with Gerry's voicing his disappointment that "Nobody...

A prosecutor recently pointed out "You always smile when you object" when we try cases together. I replied that I smile while firing my proverbial bullets, and mentioned the great World War II movie scene where the American soldier calmly smiles in the moment, while...

The battle lines are drawn. Prosecutors and police are not the friends of the criminal defense. Judges are at best the referees. A criminal defendant needs an able lawyer at all stages of the prosecution.

A poker face is preferable with negotiations, so that the opponent does not see when the criminal defense lawyer is flinching or exulting. A good example from cinema is in Pretty Woman, where Richard Gere's and Julia Roberts's characters arrive at an agreed price for...

In this day and age of quality and relatively inexpensive recording devices, Virginia should join the 21st century by having its District Courts record their proceedings. Until that day comes, I will bring a court reporter or my audio recorder, depending on the situation.

None of us are safe from being prosecuted, making effective assistance of criminal counsel essential. Too many politicians, police and prosecutors have a penchant for painting the criminal law in terms of black and white: "You do the crime, you do the time;"