exculpatory evidence
Police video- Fairfax DUI lawyer on what the camera does not show
Police video (PV) is essential for your Virginia DWI attorney to arrange to receive well before your trial date in court. As a Fairfax DUI lawyer, not only do I move quickly to obtain such video as soon as possible, but I inquire whether I...
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 Discovery Coming Sooner for District Court Criminal Cases
Fairfax discovery in criminal district court cases for many years often only showed up on the first court date or at best not long before. As a Fairfax DUI and criminal lawyer, in the last few months I experienced sometimes receiving such discovery more quickly...
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...
Fairfax defendant gets judicial relief for prosecutorial disclosure violation
Fairfax defendant obtains partial judicial relief over prosecutor’s failure to timely disclose exculpatory evidence, Fairfax defendant exposes serious exculpatory evidence disclosure violation. As a Fairfax criminal lawyer, I read with great interest that a Circuit Court judge took the prosecutor’s office to task for a...
Drug defense- Fairfax criminal lawyer says get exculpatory to the factfinder
Ermias Samson stands convicted of felonious possession with intent to sell marijuana under Virginia Code§ 18.2-248.1(a)(2), after his trial lawyer unsuccessfully sought to introduce into evidence the certificate of analysis from Virginia's Department of Forensic Science showing that it was not Samson's fingerprints on...
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...
Winning at trial with the smoking video
For defending criminal and DWI prosecutions, the defense early on needs to move to preserve and obtain video, audio and photographic evidence of and related to the incident. At first blush, the criminal defense lawyer might ask whether it is better to try to make...