Criminal Defense

Smith & Zimmerman, PLLC, is committed to high quality representation in criminal matters.  We represent clients nationwide charged with federal crimes. In addition, the firm represents defendants in state and local criminal matters in Virginia and Washington, D.C. Aggressive representation and defense extends to all stages of criminal matters, from the initial investigation, through trial and all post-trial matters.

David B. Smith restricts his criminal defense practice to federal cases. As a former prosecutor in the Criminal Division of the United States Department of Justice and at the United States Attorney's Office in Alexandria, Virginia, he was involved in complex white collar criminal investigations, trials, and appeals involving defense procurement fraud, false claims, congressional bribery, mail fraud, tax evasion, theft of government property, espionage, false statements and perjury, as well as major narcotics cases. His knowledge is broadly varied, and includes extensive experience with civil and criminal litigation in the Supreme Court of the United States. He has a deep understanding of the legal issues that arise in criminal cases and has argued over a hundred federal criminal appeals, many of which produced significant opinions. Mr. Smith has also litigated a number of substantial post-conviction motions to vacate convictions or sentences under 28 U.S.C. §2255. In one such case with Mr. Zimmerman, they won freedom for a wrongly convicted Richmond car dealer who was serving a ten year federal sentence for money laundering. The lengthy motion to vacate the conviction was so persuasive that the United States Attorney’s Office decided not to oppose it. He was released immediately.

Mr. Smith serves on the NACDL Board of Directors and represents the NACDL at meetings of the Over-Criminalization Working Group, which brings together various organizations across the political spectrum that share an interest in criminal justice reform. The Group is chaired by former Attorney General Edwin Meese, III of the Heritage Foundation.

Jeffrey D. Zimmerman's practice focuses on vigorous advocacy at all stages of a criminal investigation and prosecution. An experienced trial litigator, he has been lead counsel in hundreds of bench and jury trials in matters ranging from serious traffic matters to death penalty cases. Recently, Mr. Zimmerman obtained an acquittal for a client in a complex multi-defendant mortgage fraud case brought in the United States District Court in the Eastern District of Virginia. Mr. Zimmerman has a strong track record of earning favorable dispositions for clients, including acquittals, dismissals, and significantly reduced charges and sentences. His experience includes cases involving such charges as Reckless Driving, DWI/DUI, Drug Possession, Drug Distribution, Firearms Offense, Assault and Battery, Gambling, Identity Theft, Money Laundering, Criminal Conspiracy, Copyright Infringement, Wire and Mail Fraud, Mortgage Fraud, Immigration Offenses and Death Penalty Cases.

In addition to trial advocacy, Mr. Zimmerman counsels individuals who are under investigation by police or federal law enforcement, as well as those who have been subpoenaed to testify before grand juries. Mr. Zimmerman's practice also includes a significant focus on post-conviction litigation, including alleged probation and supervised release violations. Recent victories include the dismissal of a federal supervised release violation petition on double jeopardy grounds. Jeffrey Zimmerman is also an accomplished appellate attorney, successfully arguing before state and federal appellate courts, resulting in reversed convictions and lower sentences. Finally, Mr. Zimmerman fights for individuals by collaterally attacking their convictions and sentences through habeas corpus proceedings and motions filed pursuant to 28 United States Code § 2255.