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Principal in second degree- Fairfax criminal lawyer comments

Principal in second degree (PSD) convictions cannot be obtained merely because the defendant was present at the time of the crime. As a Fairfax criminal lawyer, I know that such convicteions require actual or constructive presene at the crime scene together with an over act...

Elements of the crime- Fairfax criminal lawyer comments

Elements of the charged crime (ECC) are essential for your attorney to challenge. As a Fairfax criminal lawyer, I know that a prosecutor "bears the burden to prove each element of the crime beyond a reasonable doubt." Goldman v. Commonwealth of Virginia, 74 Va. App. 556, 562 (2022) (citing Kenner v. Com., 71 Va....

Drug proximity risks addressed by Fairfax criminal lawyer

Drug proximity can be risky, unless possessed lawfully by prescription or as over the counter products. As a Fairfax criminal lawyer, I know that police do not hesitate to arrest everyone near contolled substances, and to let the criminal defendants aregue why they are not...

Firearm drug defense addressed by Fairfax criminal lawyer

Firearm drug defense goes against two Virginia statutory monstrosities. As a Fairfax criminal lawyer I am constantly working to avoid the harsh collateral consequences and sentences that can follow from a drug conviction, a firearm / handgun / pistol / weapon conviction, or from a...

Machine guns are not from bump stocks says Fairfax criminal lawyer

Machine guns (MGs) are not created from bump stocks. As a Fairfax criminal lawyer and civil libertarian, I believe in a gun laws, firearms laws, and a Second Amendment with teeth limiting prosecutions and convictions. As with recent Second Amendment protections from the Supreme Court,...

Firearm Curbs from VA Protective Orders

Firearm curbs are part and parcel of a Virginia protective order  (also known as stay away and no-contact orders, commonwly issued in tandem with assault claims). As a Fairfax criminal lawyer, I see such curbs as flying in the face of the letter and spirit...

Appeal When Convicted in a Virginia Trial on an Indictment

Appeal after a Circuit Court trial conviction on an indictment, says Fairfax criminal lawyer Appeal your Virginia Circuit Court guilty finding at trial on an indictment. As a Fairfax criminal lawyer I say this (there are exceptions to every rule) because governing caselaw generally prevents...

Firearms applications need honest answers- Fairfax weapons lawyer

Firearms, including handguns, are very popular to purchase. As a Fairfax criminal lawyer, I know that some people are so excited or anxious to buy the perfect weapon they have found at the right price -- whether for recreation, safety or both -- at a...

Abandoned handguns and nearby fleeing suspects- Fairfax criminal lawyer

Fairfax criminal lawyer on the risks of fleeing suspects being convicted for nearby abandoned handguns Abandoned handguns can convict nearby fleeing suspects. I know this as a Fairfax criminal lawyer, and Calvin Cardale Townes learned the same, as affirmed this week by the Virginia Court of...