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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...

Hidden exculpatory evidence does not automatically reverse a conviction

Prosecutors risk dangerous territory not to overdisclose evidence to criminal defense lawyers. Otherwise, the prosecution must spend more energy and time -- both of which they have in short supply -- to avoid violating the Fifth Amendment's Due Process Clause “if it withholds evidence...

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...