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Exclusion is the remedy for Miranda rights failure

Exclusion of non-Mirandized answers to police by those in custody is the remedy required by Miranda v. Arizona, 384 U.S. 436, 444 (1966). As a Fairfax criminal lawyer, I know that Miranda says in the foregoing regard: "Our holding will be spelled out with some specificity in the...

Departing the sight of police sometimes permits a stop

Departing the sight of police sometimes permits an arrest, at least when coupled by more than mere flight. As a Fairfax criminal lawyer, I know that the federal Supreme Court in April 2026 found Fourth Amendment-permissible reasonable suspicion for a police officer to stop a...

Running from cops may let them seize you in Virginia

Running from police can give them among the basket of reasons that amount to permitting them to at least temporarily detain you. Devon Lamar Washington v. Commonwealth of Virginia, ___ Va. App. ___ (April 14, 2026) As a Fairfax criminal lawyer, I know that if...

Patience power for winning Virginia criminal defense

Patience power is among the most essential aspects of obtaining as much justice as possible against your prosecution. As a Fairfax criminal lawyer, I have repeatedly heard my clients say "I just want to get it over with." However, pleading guilty does not "get it...

Pointing a gun can get a Virginia assault conviction

Pointing a gun at another person risks getting you convicted of assault in Virginia. Duane Eugene Sholl learned that the hard way by being convicted of assaulting a law enforcement officer (a Virginia Class 6 felony) and sentenced to one year of active incarceration. Sholl...