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Silence is the most critical first weapons of a criminal suspect. As a Fairfax criminal attorney, I know that clearly stating "I am not talking" -- or similarly clear words -- requires police to stop questioning a suspect. This is true whether or not the...

Dirty urines are a risk for any controlled substance user on supervised probation before their court date. As a Fairfax criminal lawyer, I know that staying off illegal drugs is easier ordered than followed. Fairfax criminal lawyer warns criminal defendants not to throw in the...

Fairfax DUI lawyer on expecting magic from within without expectations in others. Expecting magic from myself as a criminal/ DUI defense lawyer -- and nothing from others -- is the way to go. As a Fairfax DWI/ criminal lawyer, I know that such a...

When a homicide defendant knows s/he will be found to have caused the decedent's death, the defendant often finds himself or herself pursuing a self defense claim, or else a claim of a lesser level of culpability than first degree murder (for instance manslaughter or...

Nearly two generations of Americans, born since 1980, knows of no life other than that under the drug wars spurred during the Reagan administration, complete with metal detectors and other intrusive searches in schools without particularized suspicion; draconian drug sentencing regimes involving lengthy mandatory minimum...

Motions and other key procedures are part of the essential bread and butter for criminal defense. If a jury convicts for a felony or Class 1 misdemeanor, the jury will recommend a sentence, only permitted to recommend active jail time and/or an active fine amount....

Mere momentary, short and limited weaving is not sufficient for a police traffic stop. Moreover, Virginia has not recognized a community caretaking ground to allow a police traffic stop (to assure the welfare of the driver of a car driving less than perfectly). Barrett, 250...

Any time a criminal defendant is charged with multiple offenses, it is time for the defendant's lawyer to check for double jeopardy issues. Double jeopardy protection not only applies against being tried twice on different occasions for the same offense -- U.S. Const. Amend. V...

Super Bowl Sunday is a time of high energy, merrymaking, drinking beer and other alcohol, chowing down, cheering when one's team wins, and regretting when one's team loses. Getting tipsy on alcohol can be fun, at least when it does not unleash one's demons and...

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....