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Arrest warrants can be your drug prosecution downfall

Arrest warrants (AWs) enable police to target you for a stop and a fishing trip or otherwise to seek evidence of criminal activity beyond the warrant itself. As a Fairfax criminal lawyer, I am unsurprised that the Virginia Court of Appeals recently affirmed the Schedule...

Nervousness & torn lottery play slips do not permit a drug search

Nervousness gets seized upon by police all the time- That is not enough for a lawful search Nervousness is a favorite suspect description used by many police officers, including testimony about sweating, pulsating artery and uncomfortable movements. As a Fairfax criminal lawyer, I know that...

Nearness impacts drug defense, says Fairfax criminal lawyer

Nearness and distance from controlled substances and are among the critical considerations in Virginia drug defense and all other contraband defense. As a Fairfax criminal lawyer, I know that the mere existence of contraband at one's residence is not enough, by itself, to obtain a...

Canines need not be exact, says Fairfax criminal lawyer

Canines for odor can be Virginia criminal defendants' worst nightmare. As a Fairfax criminal lawyer, I am beside myself in disappointment that the Virginia Court of Appeals upheld a drug dog search finding methamphetamine and cocaine in the sunglasses compartment of an automobile, even though...

Drug dog sniffs – Fairfax criminal lawyer on their limits

Drug dog sniffs -- and all canine searches (for instance also for weapons and contraband -- need to be challenged by criminal defendants found with contraband as a result of such sniffs. As a Fairfax criminal lawyer, I know that the federal Supreme Court enunciated...

Partying – Fairfax criminal lawyer on independence from convictions

Partying this July 4 weekend means that police / law enforcement officers (LEOs) will be out in swarms, looking to investigate and arrest people for suspected driving under the influence of alcohol and drugs (DUI / DWI), assault, and drug possession, like bear awaiting salmon...

Virginia probation revocation – Fairfax criminal lawyer on penalties

Virginia probation revocation (VPR) proceedings can be very stressful on defendants. As a Fairfax criminal lawyer, I know that 2021 brought a great statutory change that limits penalties for alleged "technical" probation violations, versus new convictions that cause a probation violation. Virginia Code § 19.2-306.1 However, if...

Drug proximity risks addressed by Fairfax criminal lawyer

Drug proximity can be risky, unless possessed lawfully by prescription or as over the counter products. As a Fairfax criminal lawyer, I know that police do not hesitate to arrest everyone near contolled substances, and to let the criminal defendants aregue why they are not...

Search arguments are essential says Fairfax criminal lawyer

Search arguments are needed when your Virginia prosecution is based on the alleged discovery of controlled substances or other alleged contraband. As a Fairfax criminal lawyer, i know it is important that if you lose your evidence suppression motion under the foregoing circumstances, to talk...

Pretextual surrogacy bars inventorying, says Fairfax criminal lawyer

Pretextual inventory searches of police-stopped automobiles -- where the real police motive is to conduct an unlawful search -- are inevitably going to take place in this climate where appellate court caselaw allows police to stop a motor vehicle for a moving violation, where the...