Brady
Virginia DUI discovery should be overinclusive says Fairfax DWI lawyer
Virginia DUI discovery (VDE) evidence provided by Fairfax prosecutors and with some other Northern Virginia commonwealth's attorney's offices tends to be more overinclusive than required by the governing law. As a Fairfax DUI lawyer, I believe that when prosecutors take that overinclusive approach in disclosing...
Scrutinizing police credibility must happen beyond Fairfax prosecutors
Scrutinizing the credibility, reliability and recall of prosecution witnesses must be exercised fully and carefully by every prosecutor, rather than the practice I have seen too often in too many prosecutors in viewing a Virginia DUI or criminal defendant as guilty merely because they have...
Fairfax misdemeanor prosecutions without prosecutors risk dismissal
Fairfax misdemeanor prosecutions without a prosecutor now risk dismissal more than ever Fairfax misdemeanor prosecutions without prosecutors have been common in the majority of this county’s misdemeanor cases for most of 2020 through present, except for lawyers from the commonwealth’s attorney’s office being routinely involved...
Disclosing exculpatory evidence- Fairfax criminal defense lawyer weighs in
Disclosing exculpatory evidence is the obligation of all prosecutors. As a Fairfax criminal defense lawyer, I know that prosecutors risk running afoul of this Brady disclosure rule by not making full inquiry of the police in the case and by not erring on the side...
My visit today to Supreme Court criminal oral arguments
During each year's United States Supreme Court term, I try to attend a morning oral argument session, which typically is on a date that got continued or resolved for one of my own court dates. Today, I hit the jackpot by hearing two particularly important...
Virginia — The land that turned its back on Jencks
Virginia has not joined the jurisdictions that require providing criminal defendants a prosecution witness's written statements and substance of oral statements after the witness testifies for the prosecution. This rule is known as the Jencks Act, 18 U.S.C. § 3500. All federal prosecutions are governed...
