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Probation violation cases and juries – Fairfax criminal lawyer

Jury trials usually are not associated with probation violation nor sentencing proceedings. At the same time, as a Fairfax criminal lawyer I know that criminal defendants have a right to a jury to determine whether facts exist beyond a reasonable doubt to impose mandatory minimum...

Pushing back against Virginia DUI prosecutions from the start

Pushing back against DUI prosecutions needs to be the default for any Virginia criminal defendant charged with such an offense. As a Virginia DUI attorney, I say never give up and never give in with this and all other criminal prosecutions.

Persuading by diffusion and mirroring and calmness – Fairfax trial lawyer

Persuading is an essential art in criminal defense. As a Fairfax criminal lawyer, I know that the courthouse battle can include clients, opposing witnesses, prosecutors and judges who are stressed, angry or even off their rocker (hopefully only as to the first three). Criminal defense...

Virginia criminal lawyer on risks of appealing District Court convictions

As a Virginia criminal lawyer, I know the risks of appealing a District Court misdemeanor conviction to the Circuit Court. First, a criminal defendant's District Court sentence does not cap the maximum possible sentence that might be received if convicted on appeal. Second, if a...

Virginia criminal lawyer on benefits of appealing District Court convictions

As a Virginia criminal lawyer, I know the power of the option to appeal a District Court misdemeanor criminal or DUI conviction to the Circuit Court. Numerous of my appeals have turned District Court convictions into Circuit Court acquittals, case dismissals, or more favorable settlement...

Contested sentencing is a gamble, says Fairfax criminal lawyer

Contested sentencing in Virginia is a gamble. Unless the criminal defendant and prosecutor enter a plea deal involving an agreed sentence that binds the judge, the only sentencing guarantee is that the judge is prohibited from sentencing beyond the statutory maximum.

Judges and jurors – Police are not immune from lying

Judges and jurors must know that police are not immune from lying. Consider Michael Picard's plight. State trooper(s) from my natal state of Connecticut in September 2015 told Picard he was unlawfully filming them. Picard insisted he had the legal right to film them while...