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Beware getting your non-immigrant visa yanked for merely being arrested for DWI
Rather than waiting for a president Donald Trump to wreak further havoc on immigration law and practice, I am now seeing some of my own DWI clients get their non-immigrant F-1 student and H-1B professional visas yanked BEFORE their cases are adjudicated in court.
Virginia- Beware filing for expungement before the prosecution deadline has passed
When my client and I leave the courtroom with delight over a criminal case acquittal or unconditional dismissal, the conversation ultimately turns to my client's option to file for filing an application to expunge the case record.
Intersection of Trump, undocumented immigrants and criminal defense
Now more than ever, criminal defense lawyers should be getting up to speed on relevant immigration law and in building teamwork with qualified immigration lawyers for relevant advice.
Public Intoxication Law and Defense
Public intoxication arrests run rampant in Virginia. As a Fairfax criminal lawyer, I remember first witnessing a public intoxication (also known as drunk in public / DIP ) investigation and arrest when two courthouse sheriff's deputies called out for the suspect to "blow, blow, blow"...
Getting a theft case dismissed through teamwork with my client
Early on with my criminal defense clients, I develop an action plan for the work ahead for me and my client, with the goal of improving our chances with case negotiations, any trial, and any possible sentencing.
Justice Dept & FBI trash PCAST forensic evidence report for findings they did not want to hear
The Justice Department's and FBI's trashing of PCAST's Report is the very definition of confirmation bias, through trashing a Report whose findings the Justice Department and FBI did not want to hear.
A one year maximum jail penalty applies to Virginia misdemeanors that list no jail penalty
In Virginia, if a criminal misdemeanor statute lists no possible jail time, then the offense actually is a Class 1 misdemeanor, carrying up to one year in jail and a fine of up to $2,500. Va. Code § 18.2-12.
Battling by rattling the opponent’s agenda while keeping both eyes on the prize
If the prosecutor comes to court with a smirking attitude, the defense lawyer does not need to do anything to wipe the smirk off the prosecutor's face other than doing the criminal defense lawyer's job, keeping his eyes on the prize.
At NoVa NORML – Discussing Police, Weed and You – Your Liberty in the Balance
It always is all the more an honor when a NORML chapter invites me to speak at one of their gatherings. My most recent such speaking engagement was at the Northern Virginia NORML's August 9 meeting in Arlington, Virginia. There, my talk on marijuana reform...
A how-to for police suspects, starting with the power of “no”
Go and enjoy the rest of the Fourth of July weekend, and remember that Independence Day has less meaning when criminal suspects do not assert their rights to remain silent with the police and to refuse police searches.