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Searching when one occupant objects- Fairfax criminal lawyer weighs in

Searching homes is not permitted by police under the Fourth Amendment without a search warrant, consent of a resident, or exigent circumstances. As a Fairfax criminal lawyer, I know that one present occupant's objection to such an otherwise consensual search trumps the consent of the...

Prosecutorial challengers versus status quo- Fairfax criminal lawyer’s view

Prosecutorial elections are hotly contested in Fairfax County and Loudoun County, Virginia. As a Fairfax criminal lawyer, I know that those two counties' chief prosecutors overprosecute by, for starters, by not often enough including sentencing in felony negotiating rather than negotiating merely based on felony...

Restorative justice programs- Fairfax criminal lawyer wants their expansion

Restorative justice (RJ) is an alternative dispute resolution approach that enables criminal cases to be resolved without convictions (and sometimes without even having formal court charges). As a Fairfax criminal lawyer, I know that with RJ the alleged victim and accused (the accused needs the...

Assault defenses in Virginia – Fairfax criminal lawyer

Assault defenses when unwanted touching is alleged - Fairfax criminal lawyer. Assault defenses in Virginia include demonstrating that the defendant's touching was "justified or excused.” Perkins v. Virginia, 31 Va. App. 326 (2000). As a Fairfax criminal lawyer, I know that although a "kiss is...

Roadside PBT breath testing – Fairfax DUI lawyer on its limits

Fairfax DUI lawyer on the limits of using roadside PBT breath testing in court Roadside PBT breath testing is routinely attempted by Virginia police in Virginia DUI/DWI convictions. As a Fairfax criminal lawyer, I pounce on such evidence. Many -- but, unfortunately, not all -- Virginia...

Negotiating without distraction – Fairfax DWI lawyer – Virginia attorney

Fairfax DUI lawyer on focusing the parties on negotiations as a possible alternative to trial. Negotiating without distraction is the ideal approach to negotiating, always on target to "get to yes.". As a Virginia criminal lawyer, I know the importance of undistracted settlement talks. When a...

Police patience & de-escalation – Witnessed by Fairfax criminal lawyer

Fairfax criminal lawyer urges good police and judicial conduct to be contagions for a better criminal justice system. Police patience and de-escalation are sorely needed in our overpoliced society where I have witnessed a police officer yelling his head off at a driver who had...