murder
Shooting bullets with others risks a Virginia murder conviction
Shooting while others do the same risks a Virginia murder conviction if someone gets killed in the process. As a Fairfax criminal lawyer, I know that this concept is called being a principal in the second degree. The Virginia Model Jury Instructions in that regard...
Virginia self defense claim fails in criminal court absent immediate danger
Virginia self defense law ("SDL") provides an option for a criminal defendant to seek an acquittal, but SDL does not work when the danger of assault or worse is not imminent. As a Fairfax criminal lawyer, I know the challenge for an assault or homicide...
Protect yourself through silence with VA cops, says Fairfax criminal lawyer
Protect yourself by declining answering police questions as a suspect, says Fairfax criminal lawyer Protect yourself when police ask you questions when a criminal suspect or potential suspect. As a Fairfax criminal lawyer, I know you help yourself by asserting your Fifth Amendment right to...
Virginia murder convictions to no longer get death row
Virginia murder convictions now will face life without sunlight at worst Virginia murder prosecutions had a high rate of prosecutors seeking the death penalty when I started law school in 1986, making Virginia and three other states leaders in pursuing capital punishment. Those efforts included...
Jury instructions must be correct says Fairfax criminal lawyer
Jury instructions need to be correct. As a Fairfax criminal lawyer, I know that might sound obvious at first blush, but the appropriate instructions are not always given to jurors, and can result in serious harm to criminal defendants. Praised be the Virginia Court of...
Killing conviction upheld despite delay- Fairfax criminal lawyer weighs in
Killing convictions can be an extra challenge to obtain for prosecutors, because the victim is never available to testify in court. As a Fairfax criminal lawyer, I find this week's Warnick v. Virginia appellate opinion affirming a Northern Virginia murder conviction to be instructive for criminal defense...
Mistrial can trigger double jeopardy says Fairfax criminal lawyer
A mistrial can happen for a number of reasons in Virginia, including a hung jury and evidence of misconduct in the jury room. As a Fairfax criminal lawyer, I know that a criminal defendants' Fifth Amendment Double Jeopardy rights bar a retrial after a mistrial...
Self defense – Fairfax assault defense lawyer on pursuing acquittal
Self defense is a common defense in assault cases, in addition to claims that no assault happened in the first place, or that the defendant has been misidentified as the assailant. As a Fairfax criminal lawyer, I know how harsh can be the consequences of...
Fairfax Criminal Lawyer on need to attack chain of custody
Chain of custody involves the chronological movement, treatment, and physical changes of criminal case evidence from the time it comes into existence, and then is collected, packaged, transported, opened and repackaged. The importance of reliable chain of custody includes such factors as assuring the correct...
Beware throwing that punch if you do not want a manslaughter conviction
As banal and even irritating as the admonition sounded when I was in public school, a person can avoid plenty of aggravation and heartache by always keeping his hands to himself, unless needed for self defense.
