Criminal Defense
Veterans Day & when to sheathe and unsheathe weapons in criminal court
On past Veterans Days, I have warned against overglorifying the military, and about the human weaknesses and errors that bring war atrocities and other abuses of military power. Today, I will address some better and more humane ways of fighting, both with the military and...
Advocating When Judges Blunder – A Fairfax Criminal Lawyer’s View
Advocating for criminal defendants when judges blunder is part of the job of a criminal defense lawyer. As a Fairfax criminal lawyer, I know that many judges will royally blunder in making numerous vital decisions. The humble judges who blunder have better potential for getting...
Sentencing Succeeding with Alternative Narrative
Sentencing succeeding for criminal defendants comes through offering a persuasively alternative narrative to that of the prosecutor. Prosecutors are trained to demonize convicted criminal defendants and to make the sentencing judge averse to having his or her face pasted on the newspapers' front pages
Court victory by defending from within – Fairfax criminal lawyer’s approach
Court victory is never obtained through wishful thinking, stroking a lucky rabbit's foot, nor good looks. As a Fairfax criminal lawyer, I know that court victory comes from a lawyer's relying on his or her own ability, wits, human greatness, sweat and toil.
Miranda warnings – Fairfax criminal lawyer on two-step interrogation
As a Fairfax criminal lawyer, I know that police would prefer the non-existence of the half-century-old Supreme Court Miranda opinion that requires police to advise in-custody criminal suspects of their Fifth Amendment right to remain silent before non-booking police questioning begins.
Child porn – Fairfax, Virginia criminal lawyer warns about sentencing
Child porn is a crime that garners revulsion and little immediate sympathy from judges, jurors, prosecutors and the public. As a Fairfax criminal lawyer who defends such cases in Virginia, I know how vital it is to humanize the client (as with all criminal cases)...
Winning through non-anger, compassion and forgiveness
When I blogged about using threat ability a as a key component of winning, a non-lawyer friend told me he saw a glaring absence of my addressing compassion, which subject is essential for me as a person and Fairfax criminal lawyer. That point is well...
Threat as an Ingredient to Winning as a Criminal Defense Lawyer
Threat is an ingredient to winning. As a Fairfax criminal lawyer and martial arts practitioner, I know this to be very true. That is why I repeatedly advise clients not to plead guilty if the prosecutor is not prepared to go to trial. That is...
Collateral estoppel’s limits, addressed by Fairfax criminal lawyer
Collateral estoppel law generally prevents prosecutors from relitigating facts already established at certain prior criminal court proceedings. Unfortunately, today the Virginia Supreme Court placed strict boundaries on the extent to which criminal defendants can benefit from collateral estoppel relief, which is grounded in the United...
Fairfax Criminal Lawyer on need to attack chain of custody
Chain of custody involves the chronological movement, treatment, and physical changes of criminal case evidence from the time it comes into existence, and then is collected, packaged, transported, opened and repackaged. The importance of reliable chain of custody includes such factors as assuring the correct...
