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Jon Katz’s victories

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Negotiating with a guarantee rather than with amorphous ideas

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.

A sampling of recent case successes

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.

Achieving victory through teamwork and patience

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,...

Winning a DWI trial by putting our own traffic stop witness on the stand

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...

A DWI Victory Obtained Through Getting the Breath Test Result Discounted

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...

Winning a DWI trial despite less than stellar evidence for the defense

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...

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...