Why Eric Clingan?
Eric Clingan’s Legal Career
After serving as a veteran of the United States Air Force, Eric Clingan began pursuing a career in law in the late 1990s. While studying at the University of Arizona, he developed strong public speaking and communication skills. Even performing professionally as a stand-up comedian. As he often notes, “When you’ve performed for an audience of 1,000 people, speaking to a jury of 12 feels natural.”
Today, Eric brings that same confidence and clarity into the courtroom, effectively communicating with judges, juries, and clients alike. His ability to connect with people, combined with decades of legal experience, has helped establish him as a trusted and respected criminal defense attorney serving clients throughout Northern Virginia.Over the past 25 years, Eric Clingan has worked on both sides of the criminal justice system. As one of Fairfax County’s highest-ranking Deputy Commonwealth’s Attorneys, he gained firsthand experience building and prosecuting complex criminal cases. Today, he applies that same knowledge and strategic insight to dismantle the prosecution’s case and defend the rights and freedom of his clients.
A Unique Perspective: Defense Attorney and Prosecutor
Most criminal defense attorneys have only practiced on one side of the courtroom. Eric Clingan’s background includes service in the Fairfax County Commonwealth’s Attorney’s Office, where he worked on the most serious criminal prosecutions.
That experience helps inform his defense strategies today. He understands:
A Quarter Century of Success
Eric Clingan has an unrivaled record of achievements.
The Commonwealth Attorney, himself, recognized Eric Clingan as a known leader in the field of Criminal Defense enough to hire him as a senior prosecutor on his staff. Eric’s now seen the “inside” of their office and knows how their system works. For clients facing criminal charges, that insight can be critical.
Former Prosecutor With Major Crimes Experience
After 18 years as a defense attorney, Eric Clingan was recruited to prosecute Major Crimes in Fairfax County and spent years as a prosecutor handling serious felony and major crime cases. This background gives him a critical advantage:
He has seen criminal cases from both sides of the courtroom, and that perspective benefits every client he represents.
Why Fairfax County Clients Trust Eric Clingan
With his insider’s view, Eric Clingan can confirm that Fairfax County’s Commonwealth Attorney’s Office is not known for having the most aggressive prosecutors and many are incapable of competently handling complex criminal cases. Still, successfully defending a criminal case here requires more than basic legal knowledge and the hopes of landing a timid prosecutor—it demands inside insight, strategic precision, and credibility in the courtroom.
Eric Clingan offers all three.
Inside The Courtroom
Highlighting select cases and legal matters Eric Clingan has been involved in throughout his career. These examples provide insight into the types of cases he handles and the strategic defense he brings to the courtroom on behalf of his clients.
The “Au Pair Affair” Double-Murder Prosecution
Case: Commonwealth v. Brendan Banfield
Focus: Building the prosecution in a high-profile double-murder case
Eric Clingan played a central role in building the prosecution in Commonwealth v. Brendan Banfield, a nationally reported case often referred to as the “Au Pair Affair.” The case involved the 2023 killings of Christine Banfield and Joseph Ryan in Virginia, where prosecutors alleged that Banfield and the family’s au pair orchestrated a plan to lure Ryan to the home and stage the murders as a home invasion.
As a senior prosecutor, Clingan helped develop the case theory and assemble the evidence that led to indictments in the double-murder prosecution. The case drew significant national attention and highlighted the complexity of building a homicide case involving digital evidence, forensic analysis, and cooperating witnesses. Clingan later discussed the investigation and trial preparation on Jesse Weber’s “Sidebar” program, providing insight into the legal challenges and strategy behind one of the region’s most closely watched murder trials.
4 DUI Cases Dismissed Due to Recording Violations
Charge: Driving While Intoxicated (multiple cases)
Result: Four DUI cases dismissed
In 2015, Eric Clingan coordinated with several defense attorneys to challenge multiple DUI prosecutions involving the same police officer. During the cases, Clingan identified that the officer had failed to follow departmental policy requiring body microphones and in-vehicle cameras to record field sobriety tests and interactions with drivers. After presenting these due-process concerns to the court, a judge dismissed four DUI cases, emphasizing the importance of properly using recording technology during police investigations. The case highlighted the role of body-camera policies in protecting both defendants and law enforcement accountability.
Reckless Driving Charge Dismissed Through Statutory Analysis
Charge: Passing a stopped school bus / Reckless driving
Result: Charge dismissed by the court
In this case, Eric Clingan carefully analyzed the language of the Virginia statute related to passing a stopped school bus. He identified that a key word had been removed during a past amendment to the law, creating ambiguity in how the statute applied. By presenting this argument in court, the judge agreed that the wording did not support the charge as written, resulting in the dismissal of the case. The decision received statewide attention and ultimately led lawmakers to revisit and correct the statute.
In this case, Eric Clingan carefully analyzed the language of the Virginia statute related to passing a stopped school bus. He identified that a key word had been removed during a past amendment to the law, creating ambiguity in how the statute applied. By presenting this argument in court, the judge agreed that the wording did not support the charge as written, resulting in the dismissal of the case. The decision received statewide attention and ultimately led lawmakers to revisit and correct the statute.
Cold Case DNA Defense
Charge: 1991 rape, sodomy, and robbery (cold case prosecution)
Focus: Challenge to DNA evidence handling
In a widely reported cold case prosecution, Eric Clingan represented Angel M. Anderson in a case involving a 1991 sexual assault that was later linked to a suspect through DNA testing more than a decade after the crime. During the trial, Clingan closely examined how the DNA evidence had been stored and handled over the years, raising questions about the chain of custody and whether key investigative materials had been fully disclosed to the defense. The case highlighted the growing role of forensic DNA in criminal prosecutions and underscored the importance of carefully scrutinizing scientific evidence in court.
Speak With a Reputable Criminal Defense Attorney
Early legal representation can significantly impact the direction of your case. DO NOT face the criminal justice system alone -ON ANY CHARGE.
Contact Attorney Eric Clingan today to discuss your situation and learn how an experienced former prosecutor can protect your rights and your future.
Commitment to Justice and Public Service
In addition to his courtroom work, Eric Clingan has participated in public policy initiatives involving law enforcement practices and criminal justice policy in Fairfax County.
He served on the Fairfax County Ad Hoc Police Practices Review Commission, a county commission established to examine policing policies, accountability, and transparency.
Participation in initiatives like this reflects a broader commitment to improving the justice system while protecting constitutional rights.
He also originated and spear-headed the Fairfax County Commonwealth Attorney’s Conviction Integrity Unit and has assisted the Mid-Atlantic Innocence Project to investigate historical cases where wrongful convictions were obtained. Eric’s work in this respect directly resulted in the reversal of a felony conviction and expungement of that conviction.