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Restricted driving soon available for refusal says Virginia DUI lawyer

Restricted license availability for refusal removes prosecutorial bargaining chip in DUI cases, says Virginia DUI lawyer Restricted licenses currently are not available for Virginia convictions for refusing to submit to breath or blood testing for measuring blood alcohol content (BAC) after being arrested for violating...

Coronavirus and the Constitution- Fairfax criminal lawyer weighs in

Coronavirus reactions have reduced courthouse activity in various jurisdictions, battered the stock market, closed government activities and many educational institutions, forced quarantines, imposed travel bans, and led to such government state of emergency measures as banning large gatherings of people. As a Fairfax criminal lawyer...

Fairfax criminal defense lawyer on defending in this Virginia county

Fairfax criminal defense has its own rhythm, peculiarities and challenges, just as does each Virginia county courthouse. As a Fairfax criminal lawyer, I know that a significant part of successful criminal defense is knowing your judge, how to deal with prosecutors (now with an entirely...

Searching when one occupant objects- Fairfax criminal lawyer weighs in

Searching homes is not permitted by police under the Fourth Amendment without a search warrant, consent of a resident, or exigent circumstances. As a Fairfax criminal lawyer, I know that one present occupant's objection to such an otherwise consensual search trumps the consent of the...

Legislative Reform in Virginia is in Reach

Legislative reform beneficial to criminal defendants is more in reach than ever in Virginia now that Democrats control both of the commonwealth's House and Senate for the first time in decades. As a Fairfax criminal defense lawyer, I know that Democrats are not automatically better...

Reform Developments in Criminal Law – Fairfax Criminal Lawyer Weighs In

Reform in criminal law -- to criminal defendants' benefit -- is a likelihood for this winter's Virginia legislative session, now that Democrats control both the executive branch and both houses of the Virginia legislature. As a Fairfax criminal lawyer, I am keeping track of these...

Probable Cause Definition – Criminal Lawyer Jon Katz Weighs In

Probable cause ("PC") under the Fourth Amendment is required both for police to conduct a search for a criminal investigation, and to arrest a suspect. As a Fairfax criminal lawyer, I find it curious at the very least that the Virginia Supreme Court continues to...

Misidentification experts- Fairfax criminal lawyer weighs in

Misidentification runs rampant in obtaining criminal convictions for murder, robbery, rape and other prosecutions. As a Fairfax criminal lawyer, I urge that the law be updated to at least permit wider opportunities than currently exist for Virginia criminal defendants to present jurors with expert witness...

Consciousness of guilt with refusal – Fairfax DUI lawyer counters that

Consciousness of guilt of DWI from a blood alcohol test refusal can be considered in some non-Virginia jurisdictions. As a Fairfax DUI lawyer, I know that such test refusal is generally inadmissible at a Virginia DUI trial for any reason other than introducing a finding...