Preparation for trial is needed, says Fairfax criminal defense lawyer, after a recent Virginia DUI trial win

Preparation for trial is essential. As a Fairfax criminal defense lawyer, the foregoing statement is obvious, but must never be skipped. I write this while still glowing from a recent Virginia DUI trial win that followed a lame prosecutorial plea offer. Never go to your trial date relying on an agreed settlement. For one thing, do you prefer an acquittal / not guilty to a conviction? If so, be prepared for trial. Moreover, not only is no Virginia assistant commonwealth’s attorney (ACA)/ prosecution obligated to extend a plea offer to you (let alone a good one) but the Virginia law generally permits a prosecutor to withdraw a guilty / no contest plea offer even after you have accepted it and before entering your guilty or no contest plea to the judge Do not even let yourself be lulled into a false sense of security by a prosecutor seeming all good natured, kind, caring and honest. Do not judge a book nor prosecutor by its cover. Virginia prosecutors and police have their own agendas, and your interests ordinarily rank low on their agendas, if at all.

Do not let the prosecutor drive a wedge between you and your capable and devoted Virginia criminal defense lawyer

As a Fairfax criminal defense lawyer, I would not be surprised if some prosecutor discussion listservs, conferences, articles or manuals spend some time talking about how to draw a wedge between Virginia criminal defendants and their lawyers, starting with not departing from offering lame guilty pleas, or no offers at all. You chose your criminal defense attorney for a reason, which is to obtain as much justice for you as possible, not to cozy up to any prosecutor nor police / law enforcement officers (LEOs) nor the judge, and not to rub a rabbit’s foot on his or her forehead in the hope that such superstition will yield a favorable settlement in your case. Instead, your lawyer needs to bust their butt to include full preparation, in defending you. Prosecutors and all other humans can easily smell desperation in your attorney if unprepared for trial, and they can also sense preparation and readiness for trial.

Do not expect a Virginia prosecutor’s smile to be followed by a favorable plea offer

My recent DUI trial win was preceded by the prosecutor’s speaking to the two main police officers in front of me, telling them all the good self improvement steps my client had taken in his case (completing a Virginia DMV-approved driver improvement class, completing the Mothers Against Drunk Driving (MADD) Victim Impact Panel, and attending over twenty in-person Alcoholics Anonymous (AA) meetings (which I present not as an admission of having an alcoholic, but as a resolution to be responsible with alcohol, where AA meetings often bring attendees face to face with those who have hit rock bottom with alcohol or close to it (including those who acknowledge drinking their dinner, and for whom without AA they would be dead.) The prosecutor would not budge to better than a DWI plea deal, so we proceeded to trial. As always, preparation and excellent execution were key for our trial victory.

How do I win my Virginia DWI trial at the motion to strike stage? Preparation and execution are key.

My foregoing trial victory came after police arrested my client for an alleged Virginia DUI violation, and after full trial preparation. The judge decided the police lawfully stopped my client’s car with reasonable suspicion, pursuant to the Fourth Amendment as interpreted by Terry v. Ohio. During direct examination, the police officer repeatedly asked to be able to refer to his notes to answer numerous questions. Even so, he mis-stated that my client used his arms for balance during the walk and turn test, and I revealed that during cross examination. Also on cross examination, the police officer confirmed my client’s clothing was orderly and his eyes were not bloodshot. The incident video was our friend, showing no slurred speech (despite the police officer’s claim on direct examination to the contrary) and good performance on the walk and turn and one leg stand tests (where the only other test performed was the horizontal gaze nystagmus, for which I pointed out my client kept his head still, as instructed, and where the Schultz case supports that nystagmus can be caused by dozens of non-alcohol factors and that the presence of nystagmus means nothing other than presence of alcohol in the bloodstream. The judge granted my motion to strike the evidence / motion for judgment of acquittal without even reaching the beyond a reasonable doubt stage of trial.

Fairfax criminal defense lawyer Jonathan Katz fully prepares your case for trial so that settlement negotiations come from a position of strength and so that you are empowered to choose to proceed to trial rather than to plead guilty, no contest or Alford against Virginia felony, misdemeanor and DUI prosecutions. Find out the essential firepower that Jon Katz can deliver for you through your free initial confidential consultation about your court pending case, by contacting us at 703-383-1100, Info@KatzJustice.com or (text) 571-406-7268.