appeals
Unringing the trial bell addressed by Fairfax criminal lawyer
Unringing the bell and removing ink from milk should not be a Virginia criminal defendant's burden instead of keeping damaging inadmissible evidence out of trial in the first place. As a Fairfax criminal lawyer, I know the sexist legal history that repeatedly elevated men's rights...
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...
Empowered DUI defense- Fairfax DWI lawyer addresses do’s and dont’s
Empowered DUI defense -- and empowered criminal defense, for that matter -- is the only way to proceed when you are suspected of or prosecuted for alleged violations of the DUI law. Before you get behind the wheel after imbibing beer, wine or alcohol this...
Harmless error rule governs appeals says Fairfax criminal lawyer
Harmless error findings on appeal from a criminal conviction can preclude obtaining appellate relief. As a Fairfax criminal lawyer I know that trial victory is better than waiting for the long process in the Virginia Court of Appeals or commonwealth Supreme Court to see whether...
Strict deadlines for challenging criminal convictions – Fairfax criminal lawyer
Strict deadlines apply for challenging criminal convictions. As a Fairfax criminal lawyer, my heart goes out to the numerous people calling me to seek relief for serious convictions years after the last court action was taken. The relief usually is sought to try to obtain...
Collateral estoppel’s limits, addressed by Fairfax criminal lawyer
Collateral estoppel law generally prevents prosecutors from relitigating facts already established at certain prior criminal court proceedings. Unfortunately, today the Virginia Supreme Court placed strict boundaries on the extent to which criminal defendants can benefit from collateral estoppel relief, which is grounded in the United...
Virginia criminal lawyer on risks of appealing District Court convictions
As a Virginia criminal lawyer, I know the risks of appealing a District Court misdemeanor conviction to the Circuit Court. First, a criminal defendant's District Court sentence does not cap the maximum possible sentence that might be received if convicted on appeal. Second, if a...
Virginia criminal lawyer on benefits of appealing District Court convictions
As a Virginia criminal lawyer, I know the power of the option to appeal a District Court misdemeanor criminal or DUI conviction to the Circuit Court. Numerous of my appeals have turned District Court convictions into Circuit Court acquittals, case dismissals, or more favorable settlement...
Virginia criminal defense – Beware dealing with probation agents
Being convicted of a crime is no picnic. When a probation agent is involved, the picnic can seem to gather even more red ants. Talk about potential and actual sentencing with criminal defendants often focuses so much on the length of active jail time --...
Criminal defense – The appellate option must not be an excuse to drop the ball at trial
The refrain "I will appeal" is common for unsuccessful criminal litigants. However, in Virginia, those convicted of crimes in Circuit Court generally have no automatic right to appellate review of their cases. Instead, a Virginia criminal defendant must convince the Virginia Court of Appeals or...