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Jon Katz’s victories

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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...

“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...

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.