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Aggravated assault defense- Fairfax criminal lawyer on malicious wounding

Aggravated assault is an apt phrase for characterizing Virginia's malicious wounding statute. As a Fairfax criminal lawyer, I read with a dropped jaw at Lennis McNair, Jr.'s ability to convince a judge to sentence him only to three months active jail time, despite being convicted...

Federal executions resume- Fairfax criminal lawyer advocates abolition

Federal executions have resumed this year after a 17 year informal moratorium over the course of botched executions and court challenges. As a Fairfax criminal lawyer, I know that defending any murder or homicide case is demanding enough as is, and defending a capital punishment...

Imitation drug sales is a Virginia crime says Fairfax criminal lawyer

Imitation drug ("ID") selling does not insulate a Virginia criminal defendant from a conviction. As a Fairfax criminal lawyer, I know that an ID is "(i) a counterfeit controlled substance" or (ii) a substance that is not a controlled substance but which by such factors...

Challenge all police searches says Fairfax criminal lawyer

Challenge police searches if the search leads to your being prosecuted. As a Virginia criminal lawyer, I know that the Exclusionary Rule of the Constitution’s Fourth Amendment will sometimes yield the suppression of the evidence seized by police. Aaron Emile McArthur is a recent beneficiary...

Coaching as part of my work as a Fairfax criminal lawyer

Coaching has perhaps become an overused phrase by those offering that category of professional services. As a Fairfax criminal lawyer, I view lawyer counseling not as Chris Farley's cracking us up as the man in the van down by the river. Instead, I know that...

Challenges with Fairfax prosecutors limiting the misdemeanors they handle

Challenges abound with the Fairfax County Commonwealth's Attorney's Office's recently-announced shift to only prosecute a limited universe of misdemeanor cases. As a Fairfax criminal lawyer, I know that this change is a double-edged sword, both providing opportunities and hurdles to the defense. On the one...

Child sexual offense trial in VA permits jury to know prior sex convictions

Child sexual offense prosecutions involve particularly damning accusations. As a Fairfax criminal lawyer, I know that additionally the prosecution in its case in chief may attempt to inform the jury of the defendant's conviction of another sexual offense.. Va. Code § 18.2-67.7:1.; Va. S. Ct. R....

Lighthearted patter by the lawyer should not mislead a criminal defendant

Lighthearted actions by criminal defense lawyers with police and prosecutors may seem like weakness to those untutored in persuasion. As a Virginia criminal lawyer, I have witnessed time and again that doing the opposite from unnecessarily putting cops and prosecutors and anyone else in fight...

Update on Virginia criminal law from Fairfax lawyer

Update information rolls in on Virginia criminal law changes with the usual July 1 effective date. As a Fairfax criminal lawyer, I address below the expanded felony Circuit Court discovery rules, attorney-issued records subpoenas, and prospects for even more criminal defendant-beneficial law changes with the...