Virginia criminal attorney
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...
Nude photos of youngsters get people nabbed says Fairfax criminal lawyer
Nude photo requests by adults to minors is a crime in Virginia. As a Fairfax criminal defense lawyer, I know that even if the seeming minor is not a minor but the requestor has reason to believe it is a minor, that is still a...
Assault defenses in Virginia
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...
Trial Focus is Critical – A Virginia Deal is not Always Final
Fairfax criminal lawyer on Virginia prosecutors' leeway to back out from plea deals. Trial focus is critical for criminal defense lawyers. As a Fairfax criminal lawyer, I know that trial focus is the only way to win, to negotiate from a position of strength, and...
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...
Happy 420 – Fairfax criminal lawyer on marijuana legalization as freedom of choice
Fairfax criminal lawyer applauds marijuana's inroads with legalization, decriminalization, and medicinal use. Happy 420. As a Fairfax criminal lawyer, I learned long ago that 420, 4/20 (April 20), and 4:20 (as in toking near the end of the school or work day at 4:20 p.m.)...