Jon Katz’s victories
Converting 3 DWI’s to reckless driving in 7 days, against great odds and in the moment
Throughout the 1994 National Criminal Defense College’s Trial Practice Institute and 1995 Trial Lawyers College, we were repeatedly reminded and inspired to find, cultivate and execute our own personal magic in order to do great things for our clients. The idea is not for us...
Storytelling to an acquittal at trial on charges of DWI and breath test refusal
My Virginia driving while intoxicated clients who refuse to be breath or blood tested for blood alcohol and/or drug content post-arrest, know that a first-time refusal conviction spells one year of no driving at all, with no exceptions. If also convicted of DWI, an additional...
Winning in the absence of a breath technician
When a criminal defendant’s trial date continuance motion is denied, s/he ordinarily must proceed to trial on that date, or resolve the case by settlement negotiations. When a Virginia prosecutor is unable to obtain a trial date continuance, s/he can move the court to enter...
Some days are like removing the donut weight from a baseball bat
My clients usually ask me what their chances are in court. This is not merely to satisfy natural anticipation, but also to have plans in place in case they are convicted, and depending on the type of conviction and sentence. I do my best to...
Again winning a DWI trial after attacking the cop’s hunch
Five months ago, I blogged about winning a driving while intoxicated trial when the judge ruled that the police stope of my client’s car was unconstitutional, for being based on no more than a hunch about whether my client or his passenger had been involved in an amorphous...
Barker (not Bob) v. Wingo to the rescue
My clients tend not to care how I win for them as long as I win, even if through a final dismissal rather than through the greater excitement of an acquittal. Recently, I got a case dismissed due to the Sixth Amendment violation of my...
Not guilty of DWI, with a collision, bloodshot eyes, and wobbling
A vehicle collides so hard into the one in front of it that the struck vehicle suffers substantial damage, and the struck vehicle then collides into the next car ahead. Police arrive to find my client with bloodshot and watery eyes, all upset about a...
The wild ride of criminal defense – The unfolding inspiration of victories
Criminal defense is a wild ride. One day, I am sitting on top of the world with a big court victory, the next day I am appearing before a very difficult judge to say the least, and the next day I am talking to a...
Being ever-prepared for trial is essential for strong negotiations and for not getting caught with pants down
Prosecutor: “Jon, you are a private practice lawyer who is willing to waste time.” Translation: “You put time into defending your clients without concern whether doing so will not be financially profitable to you.” One of the more upstanding local prosecutors recently said that to me before court...
Righting the wrong of a hunch stop, that the cop and prosecutor should have stopped in its tracks
Our tax dollars pay prosecutors and police to serve the people, including those they arrest and prosecute, not just to serve the amorphous “people that I — the cop or prosecutor — am here to protect.” How many police, prosecutors and other civil servants see...