sentencing
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...
Virginia criminal court- Will I go to jail for my DUI or criminal case?
Virginia criminal court brings the risk of active and/or suspended jail time if you are charged with a Class 1 or 2 misdemeanor or a felony offense. As a Fairfax criminal lawyer, I regularly hear my clients and potential clients ask about their risk of...
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...
Jury selection- Fairfax criminal lawyer on early disclosure about sentencing
As harsh as the Virginia criminal justice system generally is when compared to its two northern neighboring jurisdictions, a blessing in Virginia is that lawyers in criminal and civil cases get to question and talk with potential jurors at length in the jury selection/ voir...
Judges are Capped by Jury Sentencing Input
Judges in a Virginia felony or class 1 misdemeanor Circuit Court jury trial sitting with a jury must first preside over a jury sentencing trial (if the jury convicts) before the judge sets the final sentence. Va. Code § 19.2-295.1. The sentencing risks of a...
Repeat drug offense risks enhanced sentencing – Virginia criminal lawyer
Repeat drug offenses risk enhanced sentencing, says Virginia criminal lawyer. Repeat drug convictions risk mandatory minimum and enhanced prison sentencing both on the Virginia state and federal court level. As a Virginia criminal attorney, I know that the financial incentives to deal illegal drugs might...