Fifth Amendment
Assault victory obtained by Fairfax criminal lawyer
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- Virginia lawyer cautions about answering them
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 prohibition addressed by Fairfax criminal lawyer
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- Fairfax criminal lawyer says beware
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 claim fails in criminal court absent immediate danger
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 defense addressed by Fairfax criminal lawyer
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...
Virginia involuntary manslaughter- Fairfax lawyer warns about driving risks
Virginia involuntary manslaughter (Virginia IM) prosecutions call for a full court defensive press, just as does with all Virginia criminal defense. As a Fairfax criminal lawyer, I know that anything less than full sharpness when driving on the roads can result in very serious accidents...
Protect yourself through silence with VA cops, says Fairfax criminal lawyer
Protect yourself by declining answering police questions as a suspect, says Fairfax criminal lawyer Protect yourself when police ask you questions when a criminal suspect or potential suspect. As a Fairfax criminal lawyer, I know you help yourself by asserting your Fifth Amendment right to...
Breaking attempt can be proven in Virginia by shaking doors after hours
Breaking and entering attempt is a crime in Virginia, says Fairfax criminal lawyer Breaking and entering (B&E) is barred by Virginia criminal law, as it can be a prelude to a burglary or robbery. As a Fairfax criminal lawyer, I also know that attempts can...
Loose tongues can get convictions underlines Fairfax criminal lawyer
Loose tongues are what police love with criminal suspects. As a Fairfax criminal lawyer, I read with sadness how blabbermouthing with police in 2012 is the only thing that got Ruben Edward Moore convicted of a 1981 murder in a cold case. Moore v. Virginia,...