Fifth Amendment

Lawyerless police investigations of Virginia DWI suspects are par for the course. As a Fairfax DUI lawyer, I know that this state of affairs makes it all the more important for you in advance to know of your Constitutional Fifth Amendment right to remain silent,...

Virginia courts are not fully fair, if for no other reason than that the Supreme Court has for years not put enough teeth into such criminal defendant-oriented Constitutional amendments as the Fifth Amendment right to remain silent, the Sixth Amendment right to challenge adverse out...

Prosecutorial distractions (PD's) abound in Virginia courthouses, ranging towards irritating actions of well meaning assistant commonwealth's attorneys to heartless and venomous harping by those whose blood has seemingly been replaced by ice in the veins. As a Fairfax criminal lawyer, I remember how one of...

Testify or not. As a Fairfax criminal lawyer I know that getting on the witness stand -- or remaining silent --  is one of the most critical decisions you can make in court. Make sure that your Virginia criminal lawyer fully prepares you to present...

Assault victory does not come from merely praying for a good outcome. As a Fairfax criminal lawyer, I know that is the same for all Virginia criminal defense. I write this article only days after winning a Virginia assault trial where the only civilian prosecution...

Fairfax cop calls to suspects are common. Many of my Virginia criminal defendant clients for drug and other cases tell me that they gave the police their phone number and that the law enforcement officer followed up with them by phone. Savvy police know that...

Virginia street gang law makes it a class 5 felony (1) to participate in or be a member of a criminal street gang, and (2) to knowingly and willfully participate in any predicate criminal act (3) committed for the benefit of, at the direction of,...

Virginia Miranda loopholes can be looked at cynically as an effort by those hostile to Miranda v. Arizona, 384 U.S. 436 (1966), to do an end-run against that landmark Supreme Court decision requiring custodial police interrogation to be preceded by warning the suspect of their Fifth Amendment Constitutional right...

Virginia self defense law ("SDL") provides an option for a criminal defendant to seek an acquittal, but SDL does not work when the danger of assault or worse is not imminent. As a Fairfax criminal lawyer, I know the challenge for an assault or homicide...

Virginia strangulation charges are damning, and the phrase "strangulation" overexaggerates the situation under circumstances where the allegation is for nothing more than the brief interruption of the blood flow or airflow in the alleged victim's body. As a Fairfax criminal lawyer, I warn people that...