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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...

Disarming the dangerous- Fairfax criminal lawyer comments

Disarming allegedly dangerous people is the keyphrase for commonwealth legislators and Virginia prosecutors to use in claiming that a law or prosecution prohibiting or penalizing firearm possession or use passes Constitutional muster with the Second Amendment. That is the takeaway from the Virginia Court of...

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,...

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...

Handgun violence – Part II – Fairfax criminal lawyer

Fairfax criminal lawyer on handling handgun violence and all violence. How do we stop murders if guns are not banned? I do not have a ready answer, but as a Fairfax criminal lawyer do have the below thoughts. Those who own guns should assure they...

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...

Firearm convictions are possible without gun’s recovery- VA criminal lawyer

Firearm convictions are possible without the weapon's recovery, at least when it has been fired. As a Virginia criminal/Second Amendment lawyer defending prosecutions for firearms, handguns, knives and other weapons, one of my first lines of defense in such cases is to attack whether the prosecutor...

Virginia- Unlawful firearm discharge means negligent discharge

Most crimes cannot be proven merely by committing the act -- known as actus reus -- but also require proof of criminal intent, known as mens rea. Generally, one of four levels of mens rea is required before a conviction may be obtained, namely purposeful,...

Dissenting federal appellate judge bemoans the Drug War’s toll on the Constitution

Nearly two generations of Americans, born since 1980, knows of no life other than that under the drug wars spurred during the Reagan administration, complete with metal detectors and other intrusive searches in schools without particularized suspicion; draconian drug sentencing regimes involving lengthy mandatory minimum...