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David Bernhard

About David Bernhard

About me

Criminal, Civil and Appellate Litigation Counsel (see our numerous television, print and radio media mentions in the PUBLICATIONS section below)

Co-Owner: - Low Cost Uncontested Divorce Service.


Founder and Co-moderator: VADefenses Listserv Group.


Challenging cases handled include clients who faced the death penalty,  have falsely confessed to crimes, have been falsely accused of attacking the police, are absent from the trial, have been accused of causing "Shaken Baby Syndrome" or have been injured or killed by defective products. Represented clients in criminal and civil litigation, including capital murder, homicide, maiming, personal injury, products liability, workers' compensation, wrongful death and appellate cases. Appeared in television and in print media explaining intricate principles of criminal law, and promoting greater understanding of problems with the legal process. Have been in the forefront of developing and successfully presenting cutting edge new defenses in court such as for example being the first attorney to successfully advance the "residence" defense in regards to "Civil Remedial Fee" statute, or the first to exclude use of DUI certificates of analysis under new Supreme Court precedent, both of which occurred in Fairfax County. Cases have been featured in respected publications like The Washington Post, The New York Times and The Virginia Lawyer's Weekly. Personally handled thousands of cases and tried hundreds of jury trials, and am often consulted by colleagues for legal expertise in difficult litigation matters. Founded and co-moderate VADefenses Listserv, a forum for the ethical advancement of the adminstration of justice through the exchange of knowledge among practitioners in the field of criminal and traffic law. Serve as the current Co-chair of the Fairfax Bar Criminal Law Practice Section.


Representative appellate cases include: Enriquez v. Commonwealth, U. S. Supreme Court (pending for 2012); Sarwar v. Commonwealth, Va. App. Record. Nos. 0360-12-4 and 0468-12-4 (2012); Rueda v. Commonwealth, Va. Record No. 110521 (2011); Kozmina v. Commonwealth, 281 Va. 347 (2011);Commonwealth v. Centeno-Trejo, Va. App. Record No. 1529-10-4 (2010);Mitchell v. O'Brien, 09 Va. S. Ct. UNP 072633 (2009);Parada v. Commonwealth, 08 Vap UNP 0572074 (2008); Ayala v. Aggressive Towing and Transport, 276 Va. 169 (2008); Ford Motor Company v. Benitez, 273 Va. 242 (2007); Perez v. Commonwealth, 274 Va. 724 (2007),Lopez v. Commonwealth, Va. App. Record No. 3000-06-4 (2007); Perez v. Commonwealth, 06 Vap UNP 1431054 (2006); Estate of Garcia v. Electrifiers, Inc., 06 WC UNP 2137580 (2006); Commonwealth v. Martinez, 99 Vap UNP 0467994 (1999); Commonwealth v. Salazar, Va. App. Record No. 0141-99-4 (1999); Mejia v. Commonwealth, 23 Va. App. 173 (1996); Garcia v. Commonwealth, 21 Va. App. 445 (1995); Garcia v. Commonwealth, 19 Va. App. 574 (1995); Vasquez v. Commonwealth, 94 Vap UNP 2205924 (1994); Alvarenga v. Commonwealth, 93 Vap UNP 1667914 (1993).

Examples of media coverage of David and/or his cases:
1) Washington Post -
2) VA Lawyers Weekly -
3) New York Times Magazine -


* Disclaimer: Consult an attorney of your choice before relying on information posted by David Bernhard as a basis for any decision, action or inaction on your part, which information should not be construed to be formal legal advice nor constitute the formation of a lawyer/client relationship. CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE. CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE UNDERTAKEN BY A LAWYER.

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