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DUI drugs case gets converted to reckless dismissal by Fairfax lawyer

DUI drugs case reduced to dismissed reckless driving charge DUI drugs, also known as DUID, in Virginia, means driving under the influence of drugs. As a Fairfax DWI lawyer, I recently obtained a conversion of a DUID marijuana / tetrahydrocannabinol (THC) case to reckless driving,...

Pot legalization support from VA AG – Fairfax criminal lawyer

Pot criminalization unnecessarily taxes limited government budgets and civil liberties. As a Fairfax criminal lawyer and civil libertarian, I thank Virginia attorney general Mark Herring for recently stating his support for marijuana decriminalization as follows: "Virginia should decriminalize possession of small amounts of marijuana, address...

Field & lab testing to rule out industrial hemp – Virginia criminal lawyer

Field testing and lab testing for marijuana ordinarily is essential before a prosecutor can obtain a marijuana possession or dealing conviction, unless the defense stipulates that the substance in fact is marijuana. As a Virginia criminal lawyer, I know that until the recent federal Farm...

Mandamus relief denied for dismissing Virginia marijuana prosecutions

  Mandamus relief is not available to Virginia prosecutors seeking marijuana case dismissals Mandamus relief is not forthcoming in response to Norfolk, Virginia, Circuit Court judges refusing the commonwealth attorney’s office’s seeking dismissal of misdemeanor marijuana cases that get appealed from the District Court. A...

Dismissing misdemeanor marijuana cases in 2 Virginia courthouses

Dismissing or not prosecuting misdemeanor marijuana possession cases is now the policy of the chief prosecutors in Portsmouth (except for likely still prosecuting juveniles for possessing marijuana) and Norfolk Virginia. As a Fairfax drug lawyer and civil libertarian, I applaud this move and encourage a...

Search warrants based on curtilage violation are invalid says Fairfax lawyer

Search warrants do not automatically preclude successful Fourth Amendment challenges. Today, Ian Christian Carlson happily saw that truism applied to his benefit. Carlson v. Virginia. As a Fairfax criminal lawyer, I know that police generally are barred from investigating for possible criminal activity by going...

Drug field testing – Insufficiently reliable says Fairfax criminal lawyer

Drug field testing should not be used to justify pretrial detention nor a conviction, says Fairfax criminal lawyer. Drug field testing is used by police to claim probable cause to search and arrest suspects, and by prosecutors for making pretrial detention/bail/bond arguments, and by Virginia...

Witness unavailability does not always assure acquittal- Fairfax lawyer

Witness unavailability for the prosecution will not automatically avoid a conviction for a criminal defendant, which I have said many times as a Fairfax criminal lawyer. Mitchell Larnell Bennett learned that lesson when the Virginia Court of Appeals last week affirmed his felony drug distribution...

Marijuana tax act conviction of LSD guru Timothy Leary reversed by SCOTUS

Fairfax criminal lawyer on a marijuana case victory for Timothy Leary. Marijuana tax act (Act) prosecutions were popular right through the 1960's, until the United States Supreme Court in 1969 reversed LSD guru Timothy Leary's conviction for not complying with the Act, in that complying...