Conversing with prosecutors and police as just folks can be essential to obtaining great negotiated results, says Fairfax criminal defense lawyer

Conversing with prosecutors and police as just folks can be essential to obtaining great negotiated results. As a Fairfax criminal defense lawyer, I know that we defense attorneys need to get past seeing police and prosecutors as “the other” who want to convict our clients, and instead to recognize the value of effectively talking with them about the case, as that will yield getting a better sense of their personas, rhythm and attitudes to help us with negotiations and to achieve against them for motions and trials before the judge. Lawyers, Virginia assistant commonwealth attorneys (prosecutors) and law enforcement officers (LEO’s) were simply human beings before taking on the foregoing roles, and effective communications with them will acknowledge that. This article tracks how my talking as just folks with the prosecutor converted a 0.21 BAC Virginia DUI prosecution (over 2.5 times the legal limit) under Virginia Code § 18.2-266 Code  into a wet reckless plea. 

Puffing during conversing for negotiations can be a criminal defense lawyer’s undoing

One day, I asked a lawyer about his mis-statement of reality during a talk about civil settlement negotiations with an opposing lawyer. He responded that this was “puffing”, which means exaggerating. Even assuming for arguments sake that puffing is ever acceptable or permissible, it is not full truth-telling. I know as a Fairfax criminal defense lawyer that the great thing about truth-telling is that the speaker does not need to keep track of — nor cover — their non-existent exaggerations or untruths. Silence is ordinarily not an untruth, and silence is, therefore, preferable to puffing. This all leads into my conversing with the prosecutor that converted my 0.21 BAC Fairfax DUI prosecution into a wet reckless deal.

Reaching a wet reckless deal in a high-BAC Virginia DUI prosecution when discussing the matter involves no risk

In this 0.21 BAC Virginia DUI prosecution in Fairfax County, Virginia, General District Court, the prosecutor offered a standard first DWI settlement of 30 days in jail with all 30 days suspended, $500 fine suspending $250, the Virginia Alcohol Safety Action Program (by operation of law), and one year loss of license (by operation of law) with no objection to a restricted operator’s license. I responded by conversing further, without any exaggeration that anything less favorable than a reckless driving plea deal (with agreed terms and conditions) would yield my client’s opting to ask to set the matter for a status hearing, to beforehand be evaluated for the Fairfax veterans alcohol treatment docket , whereby I expected my military veteran client to receive a case dismissal after successful completion of that demanding program, or, at worst, if unsuccessful to receive the same standard first DUI sentence that this prosecutor had offered. Having limited familiarity with that docket, the prosecutor contacted a colleague about how long was needed for the evaluation period, in order for our status hearing to be set not too early. While he waited for a response, the prosecutor asked me to tell him more about the Fairfax veterans docket.

Enabling prosecutors to articulate their own reasons for offering a great deal

After some back and forth conversing — including my telling the prosecutor how I planned to win this case by arguing the absence of probable cause to have arrested my client in the first place — the prosecutor agreed to a wet reckless deal with no active jail time,  an unrestricted restricted license (with the ignition interlock device as the only limit on driving). Superb.

Fairfax criminal defense lawyer Jonathan Katz approaches your defense as the highly important case that it is to you, and not as some sort of cookie cutter defense against Virginia felony, misdemeanor and DUI prosecution. Secure your free initial confidential in-person consultation with Jon Katz by contacting his staff at 703-383-1100, Info@KatzJustice.com, or (texting) 571-406-7268. Usually Jon can meet with you within one business day of your contacting us.