Jon Katz’s victories
Winning a DWI on a 0.09 BAC result
Image from National Institute of Standards & Technology. Recently I met with a potential client charged with drunk driving. When I was addressing some of his case defenses with him, he replied: "I am guilty, so why should I be pleading not guilty?" Why, indeed....
Assault trial victory is benefitted by Virginia’s one-party taping law
Assault trials are a unique challenge to win for the defense, as I have learned after having defended a few hundred of them. For simple assault, sometimes they are most often winnable in a “he said-she said” testimonial situation with no witnesses and no pictures...
A win is a win
A great number of my clients probably have committed the crimes they are charged with committing. A large percentage of my trial acquittals has likely been for people who committed the alleged crimes. Whether my clients have or have not committed the alleged crimes, and...
“Innocent” can be a beautiful plea
The amazing Sunwolf inspires me to see reality as no obstacle in the fight for my clients. As I repeatedly tell my clients when advising them to plead innocent and go to trial, that is the only way to have a shot at beating the...
When the opponent gets angry or sarcastic, know the weakness that comes with it. (And a story of a courtroom SBD.)
The life of criminal defense lawyering inevitably faces the trial lawyer with seemingly numerous unpleasant and downright distressing people and situations. They run from yelling and seemingly underhandedly scheming lawyers, to lying and nasty opposing witnesses, to numerous judges who seem to be prosecutors in...
Winning by Knowing How & When to Use Words, Silence, & All Other Trial Battlefield Weapons
Image from National Institute of Standards & Technology. Winning in court is not about brute force nor about merely believing that the client deserves victory. It is about constant preparation, devotion, practice, passion, study with others and solo, and belief in the lawyer’s client and...
Anatomy of my recent Virginia marijuana cultivation trial victory
Image from public domain. Many medical marijuana users grow multiple marijuana plants to assure an uninterrupted supply of quality medicine. When one is prosecuted for growing multiple marijuana plants in the jurisdictions where I practice (where only Maryland has an affirmative medical marijuana defense among the jurisdictions...
Acquittal through storytelling from the scene
A critical part of persuasion is storytelling, including bringing the jury within the circle of the story. Of course, storytelling alone may not be persuasive enough, because trials ordinarily involve various versions of the truth and challenges to the credibility and reliability of various opposing witnesses...
Challenging Blood Testing in Drunk Driving Cases
Image from National Institute of Standards & Technology. Recently in a Virginia District Court drunk driving trial, the judge agreed with me not to find a blood alcohol level level higher than a 0.20 despite the 0.21 reading made by the state’s blood examination expert...
Winning when the prosecution cannot prove it is weed
Image from public domain. When police seem to catch a suspect red-handed with drugs, is all automatically lost? No. Defenses still can include contesting the stop and search that leads to the discovery of the alleged drugs; challenging whether the seized item(s) is actually a...