Virginia drug lawyer
Warrantless searches- Fairfax criminal lawyer challenges them
Warrantless searches (WS's) of people are so commonplace that it is important to underline that probable cause alone does not justify a warrantless search of the person's body and clothing without an accompanying arrest. As a Fairfax criminal lawyer, I read with satisfaction this week's...
Scintilla of evidence alone will not require a Virginia criminal jury instruction
Scintilla of evidence sometimes is the best a criminal defense lawyer can argue, often simply seeking jury nullification. However, as a Fairfax criminal lawyer, I know that such a small piece of evidence is too small to require a Virginia trial judge to read a...
LEO consent search exempts need to confirm ownership of each container
LEO -- law enforcement officers -- home searches can only lawfully take place with a valid search warrant, sufficient consent from an authorized person, or (infrequently) exigent circumstances. As a Fairfax criminal lawyer, I know that police search caselaw is not as friendly to criminal...
Blabbermouthing can convict says Fairfax criminal lawyer
Blabbermouthing with police is a dangerous thing. As a Fairfax criminal lawyer, I know the importance for criminal suspects and arrestees to remain silent with the police, and too often see them foster a conviction by not asserting their rights under the United States Constitution's...
Conspiratorial conduct & count exposure- Fairfax criminal lawyer weighs in
Conspiratorial conduct -- known as a conspiracy -- arises when two or more people enter an agreement to commit a crime or series of crimes. As a Fairfax criminal lawyer, I know that for certain non-drug felony conspiracies, the Virginia sentencing maximum is less than...
Misnaming tests can preclude a conviction says Fairfax criminal lawyer
Marijuana field tests and DUI breathalyzer equipment should preclude allowing the field testing and breath testing results into evidence at trial. As a Fairfax criminal lawyer, I have in many DWI trials objected to breath testing results when the breath technician has mistakenly referred...
Possession versus trafficking of drugs – Fairfax criminal lawyer weighs in
The criminal defense needs to be ready to raise and attack the following circumstances in prosecutions for possession to distribute drugs: Weight: Significant weight of the alleged drugs by itself does not constitute intent to distribute. For instance, when a medicinal user of marijuana finds...
Drug case defense addressed by Fairfax criminal lawyer
Drug cases (marijuana and non-marijuana) are among the most common non-traffic / non-DUI prosecutions on Virginia criminal court dockets. As a Fairfax criminal lawyer, I have defended hundreds of such cases, and provide some insights herein on such defense.
Revocation of probation – Fairfax criminal lawyer on its risks
Revocation of probation is a risk that many criminal defendants do not consider as much as simply staying out of jail in the first place or getting released from jail as soon as possible. As a Fairfax criminal lawyer, I know that many convicted criminal...
Criminal discovery reform delayed until 2020 in Virginia
Criminal discovery reform in Virginia finally achieved a breakthrough in 2018, when the commonwealth's Supreme Court directed a mid-2019 substantial discovery expansion for felony criminal defendants. This Virginia discovery reform needs to be seen as but a first step, seeing that it does not cover...