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When Can a Business Shred its Documents? The Federal Court in Maryland Sanctions Two Companies for Pre-Litigation Spoliation of Evidence

Civil / Business Law, Uncategorized / By

When two consulting firms believed that documents containing confidential  information were improperly within a high-level consultant’s possession, they authorized the destruction of the documents and terminated the consultant.  The consultant sued the companies in Maryland Federal Court for terminating him without cause in breach of the parties’ contract.  He also moved for sanctions against the companies, arguing that the companies had wrongfully destroyed evidence when litigation was reasonably foreseeable.  The Court agreed to sanction the…

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Is Virginia’s DUI Refusal Law Constitutional? Ask the Arlington-Fairfax Attorney

Serious Traffic Defense, Uncategorized / By

Question:  I was charged with DUI and Refusal.  Is Virginia’s Refusal law constitutional?  I never affirmatively agreed to a breath test — Virginia just “implied” my consent and now I’m being punished for revoking a consent I never actually made.  Since when can one impliedly waive a constitutional right? Answer:  The United State Supreme Court recently held that it is unconstitutional for demand a blood sample from one arrested of DUI (drunk driving) without a

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Arlington Criminal Law — Robbery in Front of Jail

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No place is a good place for a robbery.  However, Diavonte Barlow, may have picked the absolute worst place — right in front of the Arlington County Jail! According to Arlington police, Mr. Barlow asked a passerby for money.  When the victim said he didn’t have any, Mr. Barlow allegedly ran after the man and hit him in the face.  He was arrested and charged with Attempted Robbery and Assault and Battery. Question:  How does

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Ask the Arlington – Fairfax Lawyer: Can I Withdraw My Guilty Plea?

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A person usually cannot withdraw his guilty plea absent a very good reason.  As a recent case shows, the fact that a judge rejects a sentencing recommendation embedded in a plea bargain is not a “good reason.”  This case is a good illustration of the fact that there are different forms of plea agreements — ones that are binding on a court and ones that are not.  Defendants should definitely understand and appreciate the differences.

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Court Finds Defendant Doctor Committed Fraud on the Court, Grants Plaintiff Summary Judgment As Sanction

Civil / Business Law, Uncategorized / By

A doctor finds himself in an even worse position after he is alleged to have obstructed justice in a medical malpractice case brought against him personally, and against his professional corporation.  In the case out of the Circuit Court of Martinsville, the doctor was sanctioned for giving false answers to discovery requests, surreptitiously accessing the plaintiff’s medical records in violation of HIPAA, influencing a witness to testify falsely, and intentionally concealing evidence by hiding a

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