Legal Blog
Strangulation Forensic Exams and Evidence Kits in Virginia
After a strangulation accusation, a forensic exam often happens within hours. Here is who performs it in Northern Virginia, what the Neck and Fingernails Kit is, and why police are not required to test it.
Which Court Will Hear My Case in Virginia? General District, J&DR, and Circuit Court Explained
General District, J&DR, or Circuit Court? Which Virginia court hears your criminal case depends on the charge, the alleged victim, and the accused’s age. A Fairfax defense attorney with more than 31 years of experience explains.
Refused the Breath Test? Can Police Force a Blood Draw in Virginia?
Refused the breath test and then had blood drawn? Virginia’s implied consent law alone does not allow police to force a warrantless blood draw. Here is what that means for a Fairfax DUI case.
DUI Blood Alcohol Levels in Virginia: What Your Number Means
Virginia law treats your BAC number two ways: as a crime at 0.08, and as evidence through presumptions at 0.05 and 0.08. Here is what your number means, and when no presumption applies at all.
Can You Get a DUI While Asleep in Your Parked Car in Virginia?
In Virginia, you can be convicted of DUI without the car ever moving. Here is why a driver found asleep in a parked car can face a DUI charge, and what is at stake for drivers in Fairfax.
Do You Have to Do Field Sobriety Tests in Virginia?
Field sobriety tests and the post-arrest breath test are two different things under Virginia law. Here is what happens if you say no to the roadside tests, and how these cases are defended in Fairfax.
Can Parents Discipline Their Children in Virginia? Where Discipline Ends and Domestic Assault Begins
Virginia lets parents use reasonable discipline, but discipline that goes too far can lead to a domestic assault charge. Here’s where the courts draw the line.
Is Mutual Combat Legal in Virginia? Fights, Self-Defense, and Assault Charges
Quick answer: No. Virginia does not recognize mutual combat as a legal defense to assault and battery, domestic assault, malicious wounding, or any other violent charge. Willingly joining a fight usually makes self-defense harder to claim, not easier. But that is not...
You Had Permission to Use the Card — So Why Are You Charged With Fraud in Fairfax County?
Someone told you that you could use their card. Now you are charged with fraud in Fairfax County. When a cardholder later says you went beyond what they allowed, or never allowed it at all, the case turns on what was actually agreed. Here is how these charges work and how they are defended.