Criminal Defense
Judges must not allow jury members who are not going to follow their oath
Jurors in criminal and civil trials are obligated to follow their oath, which includes being fair and impartial, and not favoring one witness over another on the basis of the witness's profession nor personal connection to the juror.
Your criminal case outcome can be improved by following my action plan
My clients' criminal case outcome can be improved by following the written action plan that I develop with them at our first meeting. My role with that action plan is to develop and pursue the best defense, in partnership with my client. My clients' role...
Virginia reckless endangerment of a minor requires knowledge that injury will result from the omission
A Virginia reckless endangerment conviction for leaving a child unattended in a car is not available without proof beyond a reasonable doubt that the adult defendant responsible for the minor knew that injury would result from the defendant's omission.
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.
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...
