Home » Blog » sentencing

Virginia probation revocation – Fairfax criminal lawyer on penalties

Virginia probation revocation (VPR) proceedings can be very stressful on defendants. As a Fairfax criminal lawyer, I know that 2021 brought a great statutory change that limits penalties for alleged "technical" probation violations, versus new convictions that cause a probation violation. Virginia Code § 19.2-306.1 However, if...

Virginia appeals risk harsher sentences says Fairfax criminal lawyer

Virginia appeals (VApp) to Circuit Court mean that your District Court sentence places no cap on your Circuit Court sentence, if convicted your second time around. As a Fairfax criminal lawyer, I know that with a VApp to Circuit Court, the entire proceedings are de...

Engaging prosecutors – Fairfax criminal lawyer’s how-to

Engaging prosecutors is essential for your Virginia criminal attorney to be able to do well. As a Fairfax criminal lawyer, I recently witnessed the truism of all of this in Fairfax Circuit Court. My client reached a favorable plea deal in a serious felony case...

Virginia criminal advocacy needs to be done right the first time

Virginia criminal advocacy must be first rate for criminal defendants. As a Fairfax criminal lawyer, I know that anything less than that risks their liberty, reputation, and livelihood, nad makes them easy pickings for prosecutors and police, which is unacceptable. It is infrequent for me...

Fairfax juror misconduct gets new Virginia criminal trial

Fairfax juror misconduct -- and any juror misconduct -- risks a judicial reversal when the misstep causes possible prejudice for the defendant. As a Virginia criminal lawyer, I congratulate the Fairfax criminal defense lawyers who recently obtained a murder retrial after demonstrating that a juror...

Victims rights must not trample Virginia criminal defendants’ rights

Victims rights (VR) must not be permitted to trample Virginia criminal defendants' rights. As a Fairfax criminal lawyer, I know that they should not even be called Virginia victims (VV's) -- versus alleged VV's or complainants -- before a conviction takes place. I further know...

Fairfax Plea Negotiation Changes Addressed by Virginia Criminal Lawyer

Fairfax plea negotiations are more defendant-friendly with the new chief prosecutor, says Virginia criminal lawyer Fairfax plea negotiations with the five-decade Horan-Morrogh prosecutorial regime were less pleasant for criminal defendants than the current practices of commonwealth’s attorney Steve Descano, who took office a year ago....

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...

Navigating around potential Virginia DUI penalty pitfalls

Navigating around potential Virginia DUI sentencing pitfalls is essential for a criminal defense lawyer. As a Virginia DUI lawyer, I look not only at ways to obtain an acquittal, but also at the DWI sentencing risks in the event of a conviction. Those risks might...