circumstantial evidence
Eyewitness absence does not assure acquittal says Fairfax lawyer
Eyewitness (EW) absence is common in homicide prosecutions and many other prosecutions, leading the Virginia commonwealth's attorney's office to rely heavily on circumstantial evidence and any criminal defendant statements in their effort to pursue a conviction. As a Fairfax criminal lawyer, I know that Virginia's...
Virginia firearm law risks a conviction even if not caught redhanded
Virginia firearm law is among the most Second Amendment-friendly in the nation, but does not greenlight firearm possession by convicted felons nor reckless handling of such weapons. As a Fairfax criminal lawyer, I know that being caught redhanded in unlawful possession of a firearm is...
Affirming a Fairfax DUI conviction — addressed by Virginia DWI lawyer
Affirming a Fairfax DUI conviction this week, the Virginia Court of Appeals recognized that htis was a circumstantial trial where the evidence established that the defendant (found sleeping in his car) drove, the hood of the engine was warm on a cold night, the defendant...
Virginia convictions are not available without sufficient statutory specificity
Virginia convictions are a scarlet letter. As a Fairfax criminal lawyer, I know that before such harshness can be inflicted on a criminal defendant. I also know that jury instructions on the applicable law must be sufficiently worded, so as to avoid convictions based on...
Beware convictions for nearby contraband warns Fairfax criminal lawyer
Beware what happens when police find contraband in the automobile in which you are in the driver's or passenger's seat. As a Fairfax criminal defense lawyer, I know that too many Virginia police and prosecutors will pursue a prosecution of everyone in the car, leaving...
Loose tongues can get convictions underlines Fairfax criminal lawyer
Loose tongues are what police love with criminal suspects. As a Fairfax criminal lawyer, I read with sadness how blabbermouthing with police in 2012Â is the only thing that got Ruben Edward Moore convicted of a 1981 murder in a cold case. Moore v. Virginia,...
Robber’s mere threat of having a handgun permits felony firearm conviction
People need to be careful of their words, lest they end up eating those words. Randell Linlaw learned that the hard way. Kinlaw entered a tanning salon, and passed the employee a note proclaiming  words along the lines of "I have a gun. I don’t want to...
