Jon Katz’s victories
Converting 3 Prostitution Cases to Disorderly Conduct with Suspended Jail
The prostitution police stings continue, including in my headquarters county of Fairfax, Virginia. I have blogged before about defenses against prostitution prosecutions. Now I address a unifying approach I recently used in three prostitution sting defenses from two separate stings, to convert the original prostitution...
Virginia reckless driving – Suspended sentences for 114 & 111 miles per hour
In Virginia, speeding at eighty miles an hour or higher, or by at least twenty miles an hour over the speed limit constitutes reckless driving, which is a Class 1 misdemeanor carrying up to a year in jail, up to six months of suspended driving...
Virginia criminal defense- Winning a prostitution trial by invalidating the arrest
This article addresses my ultimately winning a client's prostitution solicitation case by appealing for a new trial in Virginia Circuit Court, convincing the judge to suppress his arrest, and ultimately convincing the prosecutor to dismiss the case
Virginia prostitution/criminal defense- Winning a bawdy place & disorderly conduct trial
Here are details on my recent bench trial acquittal for my client charged with visiting a bawdy place and with disorderly conduct: First, I made a brief opening statement, where I tried not to introduce discovery that might not ever see the light of day...
“You always smile when you object,” the prosecutor told me
A prosecutor recently pointed out "You always smile when you object" when we try cases together. I replied that I smile while firing my proverbial bullets, and mentioned the great World War II movie scene where the American soldier calmly smiles in the moment, while...
Winning at trial with the smoking video
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...
DWI defense- Get the incident video
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...
Getting a theft case dismissed through teamwork with my client
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.
Winning a Virginia DWI trial on appeal to the Circuit Court
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.
The Virginia Supreme Court’s Starrs case permits trial judges to amend or dismiss a criminal charge after a finding of guilt and before a final judgment is entered.
Appellate court cases are essential for lawyers to read, no matter how dull or lively they are written. Then, when a judge is uncertain about the existence of an on-point appellate case or its meaning, the lawyer who knows the particular appellate case can milk...