Category Archives: Criminal Defense
Criminal Record Sentence Enhancement in DUI Cases
Because of the ongoing War on Crime, which has already lasted more than a generation, about a third of Americans have a criminal record. That’s roughly the same proportion of Americans who have a college diploma. In either a trial or a plea bargain case, a prior criminal record could significantly affect a DUI… Read More »
How Do I Get Out of Reckless Driving in Virginia?
To get out of reckless driving in Virginia, three basic options are available. All these options are based on the presumption of innocence that applies in all criminal cases. Basically, the law presumes that every arrest is illegal, every defendant is wrongfully accused, and the state’s version of events is always wrong. If prosecutors… Read More »
Delay Plagues Record Sealing Law
In May 2025, state officials blamed IT issues for delayed implementation of a record sealing provision which lawmakers approved in 2021. Senate Majority Leader Scott Surovell (D-Fairfax) said a $20 million rebuild of Virginia’s criminal record-keeping computer infrastructure is preventing the law from taking effect immediately. Nevertheless, Surovell wholeheartedly endorsed the law. “By allowing… Read More »
What to Expect in a Virginia Weapons Case
Eventually, most defendants in illegal possession, discharge, and other weapons cases can expect an out-of-court settlement. Voluntary guilty or no contest pleas resolve about 95 percent of all state criminal matters. Most pleas are built on the aphorism that a bird in the hand is worth two in the bush. A favorable plea bargain… Read More »
What are the Three Types of Possession?
The three types of possession are close proximity, exclusive possession, and actual knowledge. In court, the state must prove all three types of possession beyond any reasonable doubt in matters like illegal weapons, drug, and pornography possession. When they make illegal possession arrests, many officers only focus on the first type of possession. As… Read More »
What are Non-Standardized Tests?
Three DUI field sobriety tests, the walk-and-turn, one-leg stand, and horizontal gaze nystagmus tests, have the NHTSA stamp of approval as reliable indicators of alcohol and/or drug intoxication, at least for probable cause purposes (sufficient evidence to arrest the suspect). These tests, while theoretically reliable, aren’t always reliable for practical purposes. But that’s the… Read More »
VA Cops Hunt Sex Offender
On June 3, 2025, Fairfax County law enforcement officers released a picture of a man who, according to investigators, exposed himself on a hiking trail in August 2024. Officers responded around 6:34 p.m. on Aug. 20, 2024, for the report of sex offense in the 12800 block of Mount Royal Lane, according to a… Read More »
Illegal Seizures in Drug Cases: A Closer Look
One of the most important protections in the Bill of Rights is the Fourth Amendment’s prohibition of random searches and seizures. Unless police officers had a valid warrant prior to the search and seizure, and unless a narrow search warrant exception applied, drugs or other physical evidence is inadmissible in court. The same thing… Read More »
What is the Best Defense for DUI?
The best defense in a DUI is more important than ever. Fallout from pandemic lockdowns in 2020 triggered an upward trend in the number of alcohol-related fatal crashes in Virginia. Authorities are determined to reverse that trend. The over-aggressiveness often backfires. When officers make borderline arrests and prosecutors bring these matters to court, they’re… Read More »
What Happens After a DUI Crash?
Depending on the severity of the DUI crash, the state could file felony charges. Fines eventually get paid, probation terms eventually end, and other direct consequences fade away. But the indirect consequences of a criminal conviction, especially a DUI crash, may continue for years or decades. Additionally, these wrecks usually have consequences in civil… Read More »