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 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 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...

Virginia drug sentencing can involve stiff penalties. As a Fairfax criminal lawyer, I fight to win drug cases, and, for any sentencing, to obtain the most favorable sentence

Contested sentencing in Virginia is a gamble. Unless the criminal defendant and prosecutor enter a plea deal involving an agreed sentence that binds the judge, the only sentencing guarantee is that the judge is prohibited from sentencing beyond the statutory maximum.

Part of defending such allegations is not only to challenge the newest DWI charge, but also to attack whether the prosecution has proven the prior convictions, and whether any prior out-of-state DWI conviction are substantially similar to Virginia's DWI statute. Va Code § 18.2-270(E). Virginia's...

Praised be the judges who speak out against the drug war. Senior federal trial Judge Mark W. Bennett (N.D. Ia.) publicly admits feeling "greatly conflicted about my role in the 'war on drugs.'" (See also here.) Fourth Circuit senior Judge Andre Davis Jon Katz,...

Motions and other key procedures are part of the essential bread and butter for criminal defense. If a jury convicts for a felony or Class 1 misdemeanor, the jury will recommend a sentence, only permitted to recommend active jail time and/or an active fine amount....

Virginia criminal defense is not only about preparing for trials and challenging the existence of proof beyond a reasonable doubt. As a Fairfax criminal lawyer, I know that mastery of criminal procedure and well-executed procedure is part of the toolkit for winning defense.