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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...

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 --...

Probation is no prize, so beware its role in sentencing

Many criminal defendants wanting to avoid active jail time breathe a sigh of relief when they get no active jail but instead probation. Probation, though, is no prize, even if preferable to active jail time.

Winning a Virginia DWI trial on appeal to the Circuit Court

The judge granted my objection to the breath testing results coming into evidence, due to the prosecutor's inability to satisfy the above-referenced 20-minute rule. The judge subsequently found my client innocent/not guilty.