Underdog Blog – Fairfax Criminal Defense Lawyer | Virginia DUI Attorney
Fairfax Criminal Lawyer / Virginia DUI Attorney- Highly-Rated
Pursuing Your Best Defense Since 1991
BBC TV news interviews me about a Briton arrested on a plane
By Jon Katz, a criminal defense lawyer and DWI/ DUI/ Drunk Driving lawyer advocating in Fairfax County, Virginia, and beyond for the best possible results for his clients. Earlier this week, Briton Sean Jude Kelly’s allegedly drunken and “let’s fight” behavior on a plane returning...
“Doctor, do something!!!” – “Lawyer, do something!!!”
What is it like for a doctor handling a life-or-death emergency when the patients’ relatives are pleading, even screaming "Doctor, do something!" "Doctor, what is my relative’s situation?" "Doctor, why are you not doing a better job?" As a criminal defense lawyer, I also face...
Being human, judges can make even severely damaging mistakes
A recent Virginia appellate opinion reminds us what we already know: Being human, judges can make serious mistakes. Parties’ lawyers, must be at the ready to prevent and remedy those mistakes. Latasha Gordon was convicted at trial for two counts of unlawful wounding (each count...
Prosecutor’s belittling the defense becomes feces thrown at a fan
A great trial law teacher warned criminal defense lawyers about throwing feces at an opposing witness during cross examination, lest the witness act like a cooling fan that shoots back the feces all over the lawyer’s face and clothes. Too many prosecutors cloak police with...
Staying persuasively human during and after law school
I went from public school to college, to a Wall Street-based bank for a year, to law school, to a law firm, to the Maryland public defender’s office, to another law firm, to my own duo law firm, to my current solo law firm. Too...
4th Cir.: Guilty Plea is Reversible when based on Material Police Lies
I have repeatedly underlined why police lying is all too common. Lying is bad enough among humans in any time or place. When a police officer lies to the detriment of a criminal defendant’s liberty, that is particularly reprehensible. For every police officer caught lying,...
Police must keep their drug dogs at bay more than they wish
Yesterday, I kept pinching myself in ecstasy over the Supreme Court’s 5-4 decision requiring police to have probable cause to believe the existence of relevant criminal activity before taking a drug-sniffing dog to the front door of one’s home. Florida v. Jardines, ___ U.S. ___...
Being persuasively real when procedural rules and bench rulings apply, and the objections fly
My criminal defense clients come to me often feeling out of balance. I often am among the first people they tell about their predicament. This situation is imperfectly akin to a seriously injured emergency room visitor hoping to be helped by a doctor with all the attributes...
50 years after Gideon, we have far to go in assuring quality criminal defense to the poor and non-wealthy
Clarence Gideon. Beyond — and also part of — the fanfare of yesterday’s fiftieth anniversary of Gideon v. Wainright, 372 U.S. 335 (1963) (requires making available tax-paid lawyers for indigent defendants facing incarcerable prosecutions, under the Sixth Amendment), here are some of my own thoughts:...
Winning a DWI Trial by Keeping Out the Preliminary Breath Test Result
“Jon,” an able Virginia criminal defense colleague said to me, “sometimes I just concede probable cause to arrest my DWI client, to keep out the preliminary breath test.” Why do that? Judges are not allowed at bench trials to consider suppression hearing evidence for the...
