Untruths (UTs) arise in too many Virginia DWI and other criminal cases, whether from police, defendants or both. As a Fairfax DUI lawyer, I know that UTs by defendants can happen in speaking with police and with your lawyer. So long as you know and assert your Fifth Amendment Constitutional right to remain silent with police, you will not be at risk of telling UTs to law enforcement officers (LEOs). You are unlikely to want to decline to answer questions from your potential Fairfax DUI or Virginia DWI attorney, and that is an area where numerous defendants risk telling UTs. If you are a stickl ..read more

Virginia contraband defense commonly includes arguing a failure of the assistant commonwealth's attorney / prosecutor to prove beyond a reasonable doubt (BRD) that the defendant had knowledge, dominion and control over the alleged contraband.  As a Fairfax drug lawyer, I know that convicting the accused for possession of such contraband as illegal drugs, incriminatory weapons or other evidence of criminal activity requires knowledge, dominion and control over such items: In "order for ownership or occupancy of property or of a vehicle to be sufficient to support the inference that the own ..read more

Fairfax victory against DWI prosecutions -- and winning anywhere against prosecutions -- requires a full follow through by you and your attorney. As a Fairfax DUI lawyer, when pursuing my clients' best defense against Virginia prosecutions, I am reminded of how my tennis teachers often reminded me to "follow through" in swinging my racket, rather than merely stopping at the point of contact with the ball. Another image that comes to mind is the war movies where no sooner does army A win a battle, that a newer and stronger group of troops takes the place of the decimated fighters, as well as th ..read more

Jury verdicts in Virginia can be attacked on arguments of judicial error or prosecutorial mis-steps, but rarely for juror error or juror misconduct. As a Fairfax criminal lawyer, I know that it is generally folly to seek appellate or other postconviction relief in Virginia for alleged juror mistake or wrongdoing. Barnes v. Commonwealth of Virginia, ___ Va. App. ___, 2024 WL 1723429 (April 23, 2024). Barnes's jury convicted him of two counts of unlawfully shooting into an occupied building and two counts of unlawful destruction of property, and acquitted him of . The same jury also acquitted hi ..read more

Commercial driver licenses (CDLs) are at risk when you get prosecuted for allegedly violating the Virginia DWI and reckless driving laws and numerous other traffic laws. As a Fairfax DUI lawyer, I state the truism that you avoid court risk by avoiding being arrested and charged in court in the first place. That is easier said than done, with humans being social and fun-seeking animals who do not always want to break the mood or be ridiculed by insisting on a designated driver or a hired vehicle, and who often want to test the limits of their motor vehicle's power. Regardless of what brings you ..read more

Unringing the bell and removing ink from milk should not be a Virginia criminal defendant's burden instead of keeping damaging inadmissible evidence out of trial in the first place. As a Fairfax criminal lawyer, I know the sexist legal history that repeatedly elevated men's rights above women's rights. At the same time, modern criminal defendant's must not suffer for that. In that regard, the appellate court that recently reversed Harvey Weinstein's rape and sexual assault convictions (see the full reversing opinion here, with dissents). In the annals of public opinion, Weinstein is widely reg ..read more

Car privacy (CP) is an oxymoron in Virginia. As a Fairfax criminal lawyer, I know that you can be a sitting duck for police if they pursue a fishing trip or worse against you in a motor vehicle that contains contraband or otherwise has evidence of a crime, including evidence of driving under the influence of beer, wine, alcohol or drugs in violation of Virginia Code § 18.2-266. The reasons why CP is barely existent are many, including: Your vehicle is eventually going to come to a stop, making it ripe for police (and even their drug sniffing dogs) to approach that vehicle. The Virginia an ..read more

Overcover risk in defending in against your Virginia DWI prosecution. As a Fairfax DUI lawyer, I repeatedly tell clients never to expect as a given that a favorable plea deal will be reached nor that the judge and jury will be favorably disposed to the defendant. Instead, the defense needs to be fully prepared -- if not overprepared -- for pursuing the accused's best defense. From the defendant's side, that includes consulting with their lawyer to find out what teamwork the defendant needs to engage in with their lawyer, and what self improvement / self-rehabilitation path to follow to assist ..read more

Fairfax DUI defending needs to fully consider your judge at the moment and possible jury members. As a Fairfax DWI lawyer, I know that "Know your judge" is an essential watchword for you and your Virginia driving under the influence defense attorney, defending against prosecutions under Virginia Code § 18.2-266. The same lesson goes for the rest of the Commonwealth, with the unique additional idea that Fairfax Fairfax has more judges than any other county or jurisdiction in the state. On top of that ,in this county, often your judge's name will not be known more than a day before your cou ..read more

Fifth Amendment Constitutional rights to remain silent with police are critical for your Virginia lawyer to protect. As a Fairfax criminal lawyer, I know that not all trial judges and prosecutors provide the level of protection that is required by 5th Amendment caselaw, whether from not knowing, misreading, or misapplying the applicable caselaw from the Virginia appellate courts and Supreme Court, or for any other reason. Virginia trial judges are generalists and not all have substantial criminal defense or prosecution experience, which all the more makes it vital for your criminal defense law ..read more