Jon Katz’s victories

For defending criminal and DWI prosecutions, the defense early on needs to move to preserve and obtain video, audio and photographic evidence of and related to the incident. At first blush, the criminal defense lawyer might ask whether it is better to try to make...

For DWI cases, I want the incident video if it exists. For all other criminal cases, I want the incident video unless I should first explore further with my client whether seeking the video will be the only reason that the prosecutor will himself or...

Early on with my criminal defense clients, I develop an action plan for the work ahead for me and my client, with the goal of improving our chances with case negotiations, any trial, and any possible sentencing.

The judge granted my objection to the breath testing results coming into evidence, due to the prosecutor's inability to satisfy the above-referenced 20-minute rule. The judge subsequently found my client innocent/not guilty.

Once the prosecutor makes a settlement offer, that offer becomes seared in the prosecutor's mind. Sometimes it is better for the defendant to make the first settlement offer, in an effort to sear the defendant's settlement offer in the prosecutor's mind.

Most criminal defense lawyers have a high number of clients who actually committed a criminal act. That reality does not automatically preclude an outright acquittal or dismissal.

The criminal justice system at best masquerades as more just than it is. In the American criminal justice system, countless presumed-innocent people are caged on no bond or excessive bond pretrial; too many acts that should not be criminalized are criminalized (for instance marijuana, prostitution,...

It is St. Patrick’s Day evening, and a police officer testifies at my client’s bench DWI trial that he stopped my military-enlisted client for blowing a traffic light that was solid red for my client at all times, with the officer driving a few car lengths behind...

Recently, I won a Virginia driving while intoxicated/under the influence bench trial appeal after my client was convicted in the lower General District Court when represented by a different and very capable attorney. Here are a few highlights from this victory: First and foremost, criminal defendants who lose at trial in Virginia...

In Virginia, it is a Catch-22 for a driving while intoxicated suspect to take or refuse the breath or blood test. If a DWI arrestee has enough alcohol in his or her blood, a breath or blood test will help the prosecution prove its case. If the DWI arrestee...