Fairfax criminal lawyer
Possession versus trafficking of drugs – Fairfax criminal lawyer weighs in
The criminal defense needs to be ready to raise and attack the following circumstances in prosecutions for possession to distribute drugs: Weight: Significant weight of the alleged drugs by itself does not constitute intent to distribute. For instance, when a medicinal user of marijuana finds...
Failure to Register as Sex Offender
Failure to register and re-register as a sex offender is a jailable offense in Virginia, whose statutory law requires such registration for those convicted of murder and such sexual offenses as sexually violent offenses, carnal knowledge with a child of thirteen to fifteen years old,...
Secondary offense stops addressed by Virginia DUI lawyer
Secondary traffic offenses in Virginia are traffic violations that expressly do not permit the issuance of a traffic citation, summons or ticket unless in conjunction with a primary offense, which is a violation of one of more other traffic or criminal laws of the commonwealth....
Special need exception to reasonable suspicion – Fairfax criminal lawyer decries it
Special need is sometimes used by police to try to justify stopping people when they do not have probable cause nor individualized reasonable articulable suspicion to stop, frisk or search a person for evidence of criminal activity. As a Fairfax criminal lawyer, I am disheartened...
Convincing People in the Gut Zone – A Criminal Lawyer’s Perspective
Convincing people starts from engaging them as human to human. As a Virginia criminal lawyer, I know that this engagement is not solely directed at their minds, but at their levels at the gut, heart , and feelings -- their feelings of inspiration from the...
Voir dire jury selection ideas by Fairfax criminal lawyer
Voir dire -- French for "to speak the truth" -- is the phase for Virginia lawyers to ask questions of the potential jurors / venire members, to assist in seeking to strike potential jurors for cause, seeking to rehabilitate them from being stricken for...
Drug case defense addressed by Fairfax criminal lawyer
Drug cases (marijuana and non-marijuana) are among the most common non-traffic / non-DUI prosecutions on Virginia criminal court dockets. As a Fairfax criminal lawyer, I have defended hundreds of such cases, and provide some insights herein on such defense.
Declining Search Warrant for Blood – Fairfax Criminal Lawyer Weighs In
Declining requested breath or blood testing in a Virginia DUI case does not automatically mean that the DWI defendant will avoid blood alcohol content (BAC) evidence from being obtained. Very frequently where I practice as a Fairfax criminal lawyer, police are obtaining search warrants to...
Race based jury strikes addressed by Fairfax criminal lawyer
Race-based juror strikes by either party's lawyer is Constitutionally prohibited. Batson v. Kentucky, 476 U.S. 79 (1986). As a Fairfax criminal lawyer, I know the importance for defense lawyers timely to raise well-Virginia Supreme Court justice is unconvinced by prosecutor's claim of race-neutral reason for...
Technical Challenges to BAC Testing
Technical challenges to breath and blood testing are very important for defending against DWI prosecutions. As a Virginia DUI lawyer, I prepare these challenges early on. They include the following: With both breath and blood testing technical challenges for Virginia DUI defense, it is important...