Criminal Defense
Contested Sentencing is a Gamble, says Criminal Lawyer Jon Katz
Contested sentencing in Virginia is a gamble. Unless the criminal defendant and prosecutor enter a plea deal involving an agreed sentence that binds the judge, the only sentencing guarantee is that the judge is prohibited from sentencing beyond the statutory maximum.
A cop needs probable cause to say s/he will search
A cop needs probable cause to say s/he will search a suspect or the suspect's property. If the suspect responds by consenting to a search, handing over contraband or telling where the contraband will be found, the Defendant may still challenge whether the police officer...
Arrested undocumented & deportable people make ICE’s job easier
Arrested undocumented and deportable people make ICE's deportation job easier, because jail authorities in Virginia and beyond give access to immigration authorities about non-United States citizen detainees.
Obtaining criminal defense victory through conveying persuasive feelings
A key part of criminal defense victory is for the lawyer to be convinced that the client should be acquitted, to feel that in the lawyer's heart, guts and bones, and to persuasively convey those feelings to the judge and jury.
September 11 sixteen years later – Terrorists win if terror erodes civil liberties
The September 11, 2001, murders, happened sixteen years ago. Terrorists win of terror is allowed to erode civil liberties. Sadly, that erosion continues.
Virginia Supreme Court sets low threshold to convict for indecent liberties
This week, Virginia's Supreme Court set a frighteningly low bar for enabling a conviction for taking indecent liberties with a minor, finding delivery of photos of partially-bared female breasts and fantasy talk was enough to convict Kimberlee Dietz.
Criminal defense & persuasion benefit from a clear mirror
Criminal defense and persuasion benefit tremendously from a clear mirror. That mirror can be the magic mirror, where others are not likely to do any better than we give them the faith to do. That mirror can also be the spiritual mirror of the heart...
Virginia criminal lawyer pursuing your best defense, since 1991 – On police boundaries
Police are not permitted to overstep their bounds. That means, for instance, that police may not tell suspects they have to answer questions, because everyone has the right to remain silent with the police
Judges must not allow jury members who are not going to follow their oath
Jurors in criminal and civil trials are obligated to follow their oath, which includes being fair and impartial, and not favoring one witness over another on the basis of the witness's profession nor personal connection to the juror.
