Criminal Defense

Settlement negotiations are an essential part of most criminal defense work, whether the negotiations seek an outright dismissal, continuance for possible dismissal with or without dismissal conditions, or any other number of resolutions right up to convictions involving amended or dropped charges and/or agreements as...

Those opposed to a robust criminal defense can protest all they want about defendant's getting off on technicalities. I reply that the Bill of Rights is not a technicality, nor are procedural rights that are enshrined in statutes. Criminal defendants will be happy to win...

Soldiers and street fighters battle without referees nor the expectation of referees' presence. They fight in the law of the jungle. As we approach four years of the buffoon-elect in chief's White House tenure, I have low overall expectations of Trump's upcoming nominees to...

It is easy to find ourselves challenged to succumb to automatic pilot mode during the day, constantly moving, moving, moving. Criminal defense lawyers constantly prepare for battle victory. Judges tell us when to come to court and when to start our trial. Clients merit timely...

Virulently and violently racist Dylann Roof hit the jackpot by getting David Bruck assigned as the lead trial lawyer in his federal hate crime/South Carolina church massacre trial. Roof has squandered that away by reducing Mr. Bruck to standby counsel during the capital sentencing trial...

Richard Arthur Schmidt faced quite the reversal of fortune this week in the Fourth Circuit, which overturned the trial court's reversal of his conviction on a guilty plea for traveling in foreign commerce and having sex with minor boy(s). United States v. Schmidt, ___ F....

The New York Times's Shaila Dewan recently depicted the sad circumstances, at best, about judicial and prosecutorial efforts to thwart journalists' access to and coverage of court actions.

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?