robbery
Virginia suggestive identification with a bandana allowed by court
Virginia suggestive identification police procedures should never happen. As a Fairfax criminal lawyer, I know that human nature alone means that we will continue to see suggestive police procedures to identify criminal perpetrators. The best that can be done is to severely reduce the frequency...
Getaway driver is as culpable as the robber in Virginia criminal law
Getaway drivers are culpable as principles in the second degree under Virginia criminal law Getaway drivers (GD’s) in robberies often are lulled by police with the following questioning: “I know you were just the GD, and did not hold up the bank. Right?” As a...
Appeal When Convicted in a Virginia Trial on an Indictment
Appeal after a Circuit Court trial conviction on an indictment, says Fairfax criminal lawyer Appeal your Virginia Circuit Court guilty finding at trial on an indictment. As a Fairfax criminal lawyer I say this (there are exceptions to every rule) because governing caselaw generally prevents...
Object to inadmissible jury sentencing evidence – Fairfax criminal lawyer
Object to inadmissible jury sentencing evidence, or have the Virginia criminal defendant suffer the consequences. As a Fairfax criminal lawyer, I know that in the heat of battle the defendant's lawyer needs nevertheless not to overlook both objecting timely when an objection needs to be...
Challenging showup identifications – Fairfax criminal lawyer on Fourth Amendment defense
Challenging showup identifications is a must for criminal defendants whose guilt or innocence rises or falls on post-crime identification by the alleged crime victim or witnesses to the incident. Daquan Lamar Scott's lawyers knew about and pursued challenging showup identifications, but Scott nonetheless got convicted...
Innocent inmate learns 17-year prison lesson about misidentification
Misidentification is rampant in causing arrests, prosecutions and convictions. I have said it before, including here. I also say it today, with the news of an innocent Kansas inmate -- Richard Jones -- freed 17 years from incarceration, only after he learned about a look-alike...
Virginia criminal defense – Intermingled DNA by itself does not prove guilt
Praised be the Virginia Court of Appeals's May 2, 2017, decision reversing a robbery conviction that rose or fell on DNA found on items that a masked knife-armed robber discarded near the scene of a gas station robbery. It turned out that others also left...
A possibly misidentified man is serving a 9-year Virginia robbery sentence
Criminal defendants fingered primarily or exclusively on eyewitness testimony should fight tooth and nail to get the most beneficial jury instructions, should preserve any cross-racial identification issues for argument and appeal, and should consider whether an eyewitness identification expert should be hired.