judicial discretion
Police hassling without reasonable suspicion invites evidence suppression
Police hassling exasperates me as a Fairfax criminal lawyer, civil libertarian, and human being. Having police is part of the so-called social contract where society relinquishes vital aspects of its freedom in order to receive protection from the government apparati. However, police and government are...
Fairfax criminal plea deals and judicial oversight of those agreements
Fairfax criminal plea deals -- and plea deals in all Virginia courts -- do not bind judges unless they agree to be bound. As a Fairfax criminal lawyer, I know that the trial just must permit the defendant to enter a guilty or nolo contendere...
Rule on witness violations in Virginia criminal trials
Rule on witness violations can put at risk the fairness of a Virginia criminal defendant's trial or hearing. As a Fairfax criminal lawyer, I routinely ask the judge to invoke this rule, which bars the prosecutor's and defendant's witnesses from being present in the courtroom...
Harmless error rule governs appeals says Fairfax criminal lawyer
Harmless error findings on appeal from a criminal conviction can preclude obtaining appellate relief. As a Fairfax criminal lawyer I know that trial victory is better than waiting for the long process in the Virginia Court of Appeals or commonwealth Supreme Court to see whether...