There are many different potential ways to counter pending criminal charges. Sometimes, defense attorneys can prevent the use of certain evidence and secure the dismissal of pending charges. Other times, there might be a better way to analyze the evidence or another...
Criminal Defense
Why “fruit of the poisonous tree” can lead to dismissal of a case
You may have heard the phrase “fruit of the poisonous tree” on a TV show and just thought of it as a quaint piece of legal jargon from another era. In fact, it’s a crucial legal doctrine that can make all the difference between a criminal case proceeding or being...
Jailhouse informants and the risk of post-arrest conversations
When police officers arrest people, they are generally required to – to a very minimal degree – educate those individuals about their rights. If any questioning occurs while an individual is in state custody, the individual should receive the Miranda warning...
Beware the risks of testifying in your own criminal defense
If you’ve been charged with a criminal offense, then you’re probably ready to do whatever it takes to beat the allegations that have been levied against you. While this means exploring your defense options, you might have an internal drive to tell your side of the...
Why do criminal defense lawyers hire expert witnesses?
Criminal defense lawyers help their clients avoid the worst penalties or prove their innocence. Sometimes, an attorney's primary role is to negotiate a reasonable plea bargain that limits the sentence the courts impose or the charges that appear on the defendant's...
Do you have to complete a conspiracy to face charges?
Most people who are charged with a crime have either already committed it or are wrongly suspected by the police of already committing it. The charges result from something that has already been done (or is still ongoing), even if it was not them that did it. Things...
Do I have to open my cellphone for the police?
Whether or not you have to open your cellphone for the police in Virginia depends on the circumstances of the moment, and whether the police have a legal right to access your device. Under the Fourth Amendment of the U.S. Constitution, individuals are protected from...
Should you take a lie detector test?
Several people would take a lie detector test if asked by the police. They have nothing to hide and want to show their cooperation. But many innocent people have taken lie detector tests and still ended up behind bars. The problem with polygraphs Law enforcement has...
When can people fight assault charges with claims of self-defense?
Under Virginia state statutes, it is generally illegal for people to hurt others or intentionally put them in a state of fear for their physical safety. Situations ranging from disputes between spouses to arguments at parties may lead to an individual facing assault...
3 strategies for challenging a prosecutor’s evidence at trial
Most people facing criminal charges plead guilty. Even when they know they didn't break the law, they assume that the state can prove its case if a prosecutor brings charges against them. The rise in popularity of police and courtroom television shows gave many people...