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Crimmigration – Virginia criminal lawyer on prosecution risks for immigrants

As a Virginia criminal lawyer, it is essential for me to be sensitive to the specific affects of Virginia criminal and DUI case dispositions and sentences on immigration status. Northern Virginia and the greater national capital region have a high percentage of non-United States citizens...

Virginia criminal defense- Preserving double jeopardy protection

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...

Virginia criminal law allows for lifetime probation & no contact

On September 22, 2016, the Virginia Supreme Court recounted a horror story of Minh Duy Du's committing statutory rape against his 13 year old half sister, and then using a baseball bat to bash the heads of his father and stepmother -- who tried to...

Enabling the jury to convict on a lesser count

In Virginia, “'A defendant is entitled to have the jury instructed only on those theories of the case that are supported by [more than a scintilla of] evidence.'" Witherow v. Virginia, ___ Va. App. ___ (Dec. 1, 2015) (quoting Eaton v. Virginia, 240 Va....