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Witness unavailability does not always assure acquittal

Witness unavailability for the prosecution will not automatically avoid a conviction for a criminal defendant, which I have said many times as a Fairfax criminal lawyer. Mitchell Larnell Bennett learned that lesson when the Virginia Court of Appeals last week affirmed his felony drug distribution...

Skipping Field Testing Before Searching For Contraband

Fairfax criminal lawyer on startling affirmance of car search after skipping field testing of suspected cocaine. Skipping field testing of suspected unlawful drugs does not automatically preclude a vehicle drug search in Virginia, as learned on in the Virginia Supreme Court's recent case of...

Search challenges require standing – Fairfax criminal lawyer

Fairfax criminal lawyer on the Constitutional standing hurdles for challenging police searches, Search challenges in court require meeting the threshold hurdle of standing, meaning showing that the criminal defendant had a reasonable expectation of privacy under the Fourth Amendment to the United States Constitution. As...

Prolonged Police Traffic Stops Can Violate Fourth Amendment

Prolonged police traffic stops too often fly in the face of the Fourth Amendment's prohibition against unreasonable searches and seizures. As a Fairfax criminal lawyer, I know that police try to use traffic stops as a pretext to investigate for such more serious and unrelated...

Virginia marijuana law update – Expanding CBD & THC-A oils to all ailments

Virginia marijuana law is woefully behind neighboring District of Columbia and Maryland, which both do not criminalize possession of personal amounts of marijuana (but D.C. still criminalizes smoking marijuana in public). As a Fairfax criminal lawyer, I know that Virginia police overemphasize ferreting out marijuana...

Fairfax Marijuana Lawyer on Justice Department Reversal on State-Legal Pot

Fairfax marijuana lawyer on the stark contrast between strict Virginia pot laws versus liberal marijuana laws in the neighboring northern jurisdictions. Virginia is one of the strictest states for marijuana law. How much longer can Virginia keep up such an anti-marijuana regime with its governor...