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Broker deals that erase landmines ahead says Fairfax criminal lawyer

Broker criminal case settlements that minimize harm to the criminal defendant. As a Fairfax criminal lawyer, I know that needs to be a criminal defense lawyer's watchword. A case in point is Evans & Conway v. Commonwealth of Virginia, ___ Va. ___ (Dec. 3, 2020), where...

Continuous offense doctrine in Virginia- Fairfax criminal lawyer comments

In Francis, the Virginia Court of Appeals ruled 2-1 that the evidence was sufficient to convict in two separate neighboring county circuit courts for felony eluding police from the same police officer during the same chase. Rejecting that the two separate convictions protected Francis under...

Mistrial can trigger double jeopardy says Fairfax criminal lawyer

A mistrial can happen for a number of reasons in Virginia, including a hung jury and evidence of misconduct in the jury room. As a Fairfax criminal lawyer, I know that a criminal defendants' Fifth Amendment Double Jeopardy rights bar a retrial after a mistrial...

Double jeopardy and one handgun – Fairfax criminal lawyer comments

Double jeopardy protections apply not only to successive prosecutions on acquitted conduct, but also for multiple duplicative counts for the same act. As a Fairfax criminal lawyer, I know the necessity of always looking for double jeopardy defenses. Howard Groffel learned the hard way that...

Double jeopardy limits when feds prosecute- Fairfax criminal lawyer

Double jeopardy rights are enshrined in the Fifth Amendment to the United States Constitution: No person shall be "subject for the same offense to be twice put in jeopardy of life or limb." As a Fairfax County, Virginia, criminal defense lawyer, I have long known...

Jeopardy attaches once a witness is sworn confirms a Fairfax judge

Jeopardy is among the essential avenues for criminal defense lawyers to consider. As a Fairfax criminal lawyer, I know that prosecutors might have the temptation to dismiss a case mid-trial when they see their chances of victory slip, but that such action precludes later renewing...

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 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...