bail
Virginia Circuit Court judges must articulate bond denial reasons
Virginia Circuit Court judges must articulate the reason for their denying bond / bail / pretrial release to a criminal defendant, for the reasons addressed below. As a Fairfax criminal lawyer, I have experienced District Court judges who do not state those reasons. Their reasoning...
Pretrial detention presumptions nixed by Virginia legislation
Pretrial detention presumptions are reversed by Virginia legislation awaiting the governor’s signature Pretrial detention (PD) presumptions are a reality for presumed-innocent people prosecuted in Virginia for alleged designated repeat drug felony charges, robbery, other violent crimes, and other felonies. This is an even more serious...
Pretrial release- Fairfax lawyer on cash bond reform
Pretrial release for criminal defendants involves the defendant's promise to appear timely for all court dates, pretrial release conditions and/or cash bonds/ bail. As a Fairfax criminal lawyer speaking for my clients' interests, I want my asset-limited clients to not have to struggle to pay...
Virginia’s presumption of no bail law gets no presumption of innocence offset
Virginia's presumption of no bail law gets no presumption of innocence offset, as confirmed this week by Virginia's Supreme Court. Virginia v. Duse, ___ Va. ___ (Feb. 12, 2018). As a Fairfax criminal lawyer, I know the harshness of Virginia (Va. Code § 19.2-120) and...
Court arrest warrants – Fairfax criminal lawyer’s tips – Part 2
As a Fairfax, Virginia, criminal lawyer, I know that when a risk exists that the Virginia magistrate will not let the defendant be released on bail, the criminal defense lawyer needs to be ready to arrange a bond hearing before a judge as soon as...
Arrest warrants – Fairfax criminal lawyer on how to handle them – Part 1
Arrest warrants should never be ignored. As a Fairfax criminal lawyer and Virginia DUI attorney, I know that ignoring them leaves the warrants a chance to catch up on the defendant in unforeseen and undesirable ways. Arrest warrants ordinarily get issued as a result of...
Federal criminal defense during Jeff Sessions’ time as attorney general
Criminal defendants and everyone else are not in for a pretty time during Donald Trump's presidency. Trump is no friend of the Bill of Rights and civil liberties and is likely to nominate plenty of candidates for the Supreme Court and lower federal courts who...
Justice Department on pretrial jailing- Not okay for mere indigency but okay for drug charges
We need to reverse federal and state laws creating no-bail presumptions for designated felonies.
ACLU alleges a Scott County, MS, court pattern of deprivation of individualized bail hearings and denial of indigent counsel before indictment
The American Civil Liberties Union filed an amended federal lawsuit alleging a Scott County, Mississippi, court pattern of depriving individualized bail hearings and denial of indigent counsel before indictment.
