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Shooting defense in Virginia addressed by Fairfax criminal lawyer
Shooting into an occupied building risks a Virginia felony prosecution and conviction. As a Fairfax criminal lawyer, I read with interest one of the more recent Virginia Court of appeals opinions that deal with several critical aspects of such defense. Meade v. Virginia, ___ Va. App. ___...
Cross examining police in Virginia DUI prosecutions – Fairfax lawyer’s view
Cross examining (CE or Xexamine) police is an essential tool for the defense against Virginia DUI prosecutions. As a Fairfax DWI lawyer, I know that the Constitution's Sixth Amendment Confrontation Clause and Virginia appellate court caselaw guarantee this CE right. I also know that many...
Convicting for assault requires an overt acts says Virginia criminal lawyer
Convicting for assault in the commonwealth requires an overt act, says Virginia criminal lawyer Convicting for assault (for instance under Virginia Code § 18.2-57 cannot merely happen with testimony that the complainant / alleged victim feared the defendant for his or her threatening words. As...
Bluff-free Virginia criminal defense means being trial ready
Bluff-free Virginia criminal defense is what you need when charged with alleged DUI / driving under the influence of alcohol and/or drugs, or a misdemeanor or felony offense. As a Virginia criminal lawyer, I know that my clients deserve nothing less than such an approach...
Virginia Circuit Court judges must articulate bond denial reasons
Virginia Circuit Court judges must articulate the reason for their denying bond / bail / pretrial release to a criminal defendant, for the reasons addressed below. As a Fairfax criminal lawyer, I have experienced District Court judges who do not state those reasons. Their reasoning...
Flight in Virginia can make the difference between conviction and acquittal
Flight under Virginia criminal law sometimes can be akin to putting a target on one's behind that says "kick me". As a Fairfax criminal lawyer, I know the human tendency to flee being caught by police and falsely (or even not falsely charged) before at...
Who is the best Fairfax criminal lawyer for you?
Who is the best Fairfax criminal or DUI attorney for you? As a Virginia criminal lawyer, I know that this is a critical question that cannot be taken lightly. Your friends and family -- no matter how wise or well meaning -- may weigh in...
Virginia child abuse conviction affirmed for chasing baby holder with a knife
Virginia child abuse is a felony. As a Fairfax criminal lawyer, I know that the following behavior, if convicted, is a Class 6 felony, incarcerable up to five years in prison: "Any parent, guardian, or other person responsible for the care of a child under...
Lenity rule protects criminal defendants against unconstitutional ambiguity
Lenity is a rule (ROL) of criminal law that "any reasonable doubt about the application of a penal law must be resolved in favor of liberty." Woodson v. United States, ___U.S. ___ (March 7, 2022) (Gorsuch, J., concurring). Put another way by the Virginia Supreme...
Virginia trials require no mercy for the prosecution, says Fairfax lawyer
Virginia trials are often uneven playing fields with some judges making improvident evidentiary and procedural rulings without giving the defense a fair chance to argue the point, with some prosecutors going against the established Constitutional, procedural and evidence rules --whether intentionally or otherwise -- and...