Category Archives: Criminal Defense
When Drug Quantity Becomes Evidence of Intent to Distribute in Virginia
Being found with an illegal drug can lead to a serious criminal charge in Virginia. The situation changes considerably when police and prosecutors believe the amount involved points to something beyond personal use. A possession case can become a possession-with-intent-to-distribute prosecution, exposing the accused to much more severe penalties. That distinction often turns on… Read More »
When Police Can Search a Vehicle Without a Warrant in Virginia
A traffic stop can change quickly. What begins with a question about speeding, a broken taillight, or another traffic violation can end with an officer asking everyone to step out of the vehicle and beginning a search. For the driver, the sudden shift can make it difficult to know whether the search is lawful… Read More »
When Can I Be Pulled Over for DUI?
Warmer weather usually means more DUIs. The three major summer holidays (Memorial Day, Independence Day, and Labor Day) are all closely associated with drinking and driving. In between these holidays, alcohol often flows at summer parties. Fortunately, police officers cannot rely on the thermometer and their own “gut feelings” when they pull people over… Read More »
Proof Issues in Criminal Possession Cases
Usually, proximity and possession are the same thing, for arrest purposes. That’s because the arrest standard of proof (probable cause) is much lower than the criminal trial standard of proof (beyond any reasonable doubt). The higher standard of proof makes a big difference at drug possession and other illegal possession trials in Loudoun County…. Read More »
What Does FTYROW Mean in Virginia?
Many traffic citations include this acronym, which stands for Failure to Yield the Right of Way. Most often, officers issue FTYROW citations in accident cases to establish driver fault. These citations may also apply in one of the two areas discussed below. A traffic citation could be a game-changer in a civil case. Drivers… Read More »
D.C. Cops Look for Reckless Motorcycle Rider
Fairfax County law enforcement officers are working with Virginia State Police troopers to find a motorcycle rider who tore through Northern Virginia in May 2026. Initially, troopers tried to pull the rider over for speeding on the westbound Interstate 66 Express Lanes near Monument Drive. The motorcycle was last seen on Old Centreville Road… Read More »
Appeals Court Rejects Reasonable Use of Force Claim
A police officer who fatally shot an armed man in 2023 cannot claim qualified immunity, according to an April 2026 Fourth Circuit Court of Appeals decision. On a Saturday afternoon in July 2023, a 34-year-old man attempted to break into homes in Wycliff Court after being released from a hospital during a mental health… Read More »
Supreme Court: It’s Okay for Cops to Talk
A twelve-second conversation between an officer and a driver about possible illegal items in a car doesn’t invalidate a traffic stop, according to the Supreme Court of Virginia. Officer Jordan Allen stopped the female driver on suspicion of driving on a suspended license. Once stopped, he determined that her license was suspended and that… Read More »
Top Five DUI Defenses
Alcohol is a factor in about a third of the fatal vehicle collisions in Virginia. To reduce the number of these accidents, DUI laws have become progressively tougher since the 1990s. Virginia’s per se law is a good example. Previously, a positive Breathalyzer test was only evidence of intoxication. Today, a BAC level of… Read More »
What to Expect in a Weapons Possession Case
Many people believe an illegal possession case is a quick, open-and-shut matter. I had an illegal gun, the cop caught me, I see the judge, he puts me on probation, and that’s that. This belief is not entirely misplaced, because that’s the outline of the criminal law system in Virginia. But, it’s only the… Read More »
