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Complex legal truisms must be known says Fairfax criminal lawyer

Complex legal issues and related law abound in criminal court, even with at-first seeming simple misdemeanor cases. As a Fairfax criminal lawyer, I know that many criminal cases that at first seem simple turn out to be anything but that. Your Virginia criminal lawyer needs...

Lawyerless Virginia DUI investigations- Are they legal?

Lawyerless police investigations of Virginia DWI suspects are par for the course. As a Fairfax DUI lawyer, I know that this state of affairs makes it all the more important for you in advance to know of your Constitutional Fifth Amendment right to remain silent,...

Virginia magistrates aren’t your friends says Fairfax criminal lawyer

Virginia magistrates (VM's) must be dealt with cautiously by criminal defendants. As a Fairfax criminal lawyer, They are not your friends, as they have their own employment obligations. Deal with them prudently and respectfully, and they might give you good results. Deal with them disrespectfully,...

Fairfax cop calls- Virginia lawyer cautions about answering them

Fairfax cop calls to suspects are common. Many of my Virginia criminal defendant clients for drug and other cases tell me that they gave the police their phone number and that the law enforcement officer followed up with them by phone. Savvy police know that...

Fairfax trial judge reversed for not granting defendant Miranda relief

Fairfax trial judges -- and all judges -- must follow the requirement of Miranda v. Arizona to preclude trial testimony and evidence from being presented by the commonwealth's attorney about the defendant's answers to questioning after asserting their right to remain silent or to the assistance...

Fairfax conviction reversed for Miranda violation- Retrial permitted

Fairfax conviction results -- and in all other Virginia courts -- can next lead to the defendant's seeking appellate relief. As a Fairfax criminal lawyer, I am very disappointed that a Circuit Court judge in this county found no Miranda violation in Marco Chavarria's sexual battery case,...

Arson evidence in Virginia reduces rights against warrantless investigation

Arson investigations typically include firefighters and police. As a Fairfax criminal lawyer, I repeatedly analyze how the Fourth Amendment applies not only to police, but also to all other relevant government personnel, including fire fighters and government-employed emergency medical technicians (EMT's) / paramedics. Amidst horrifying...

Winning Virginia criminal trials with the 5th Amendment & catchy slogans

Winning Virginia criminal trials is exhilarating, and, more importantly, great for the Virginia DUI, misdemeanor of felony defendant. As a Fairfax criminal lawyer, I know that victory in court starts long before the trial date, to include full and smart preparation, digging and visualizing to...

Coercion – Fairfax criminal lawyer on its Fifth Amendment role

Coercion by police is among the first things I look for as a Fairfax criminal lawyer pursuing the suppression of my client's statements to law enforcement. In 1986, the United States Supreme Court ruled that a Fifth Amendment or Miranda violation does not take place...