Dismissing multiple Virginia criminal counts- Fairfax criminal lawyer details this victory

Dismissing multiple Virginia criminal counts can be more of a challenge than obtaining the dismissal of only one criminal charge against a defendant. As a Fairfax criminal lawyer, I recently achieved such a feat through close teamwork with my client being prosecuted for over five theft-related charges, and by fully engaging with the prosecutor to underline the wisdom of such an approach. I entered the courthouse not certain whether we would win as much victory as that in this multiple criminal count prosecution, while ready to reach that height of achievement.

State law allows Virginia criminal defendants to negotiate with an alleged civilian misdemeanor victim for a case dismissal recommendation to the judge

This multiple count Virginia prosecution involved all misdemeanor charges, which permitted the defense to negotiate with the alleged civilian misdemeanor victim — here a retailer — for a recommendation to the judge for dismissing multiple criminal counts in this prosecution. Virginia Code § 19.2-151.This satisfaction and discharge / accord and satisfaction law enables the Virginia criminal defendant and their alleged civilian misdemeanor defendant to bypass the prosecution in pursuing such a dismissal. Many major retailers, however, are generally reluctant to agree to such a disposition, probably in order to flex an image of being firm on shoplifters, in the hopes of deterring such criminal activity at their businesses, and also perhaps so as to satisfy their shareholders.

Negotiating dismissing multiple criminal counts through sincerely empathizing with the alleged Virginia crime victim

While talking with the loss prevention witness from the retailer in this case, I pointed out that in high school and college, I had worked at three different retailers, and  learned early on how challenging even employee theft is. (In financial fraud cases, I am able to point out my experience before law school as an internal financial auditor for an international bank, again showing my ability to view the loss from the side of the alleged victim.) This approach in pursuing dismissing multiple criminal counts against my criminal defense client may have transformed this discussion from being in the abstract to bringing it to the concrete. Rather than my seeming like a Virginia criminal defense lawyer seeking nothing other than heavy leniency for my client, I was able to show that I have all the stronger a basis to help set my clients straight not to commit such crimes in the future.

Explaining to the Virginia prosecutor the potential fallout from a theft-related conviction

In negotiating with the prosecutor for dismissing multiple criminal counts against my client, I was fully transparent about the professional and immigration risks my client faced if convicted of even one theft=related misdemeanor. The police officer in the case was present while I was speaking with the prosecutor — which is often the case in this county — and very firmly stated his view of the need for some tough medicine for my client with the case outcome. Police are not here to dictate how prosecutors proceed, and I told the prosecutor of my interest of only speaking directly with him. The Virginia assistant commonwealth’s attorney agreed to talk with me alone, and I soon started to tell the prosecutor about the immigration risks my client faced from a conviction in this case. The prosecutor was very receptive to what I had to say, particularly to the immigration risks in this case when his chief prosecutor presents himself as responsive to the needs of non-United States citizens.

Giving the Virginia prosecutor something concrete in exchange for obtaining an ultimate dismissal

On my advice, my client before his Virginia criminal trial date, completed dozens of hours of documented voluntary community service and a shoplifting class, among his self improvement approaches for pursuing dismissing multiple criminal counts against my client. This showed the prosecutor that we were not coming empty handed to him with settlement negotiations. We ultimately reached a deal for my client to plead not guilty (for immigration purposes, even a conditional guilty plea risks being treated as a conviction) and to have the case ultimately dismissed under the Virginia Code § 19.2-298.02 dismissal law, whereby, in this instance, the Virginia criminal defendant waives the right to a trial and appeal with the promise of a case dismissal after the agreed waiting period, on the condition of not violating the criminal law (known in Virginia as general good behavior or uniform good behavior) and fulfilling any specific terms and conditions agreed by the parties for dismissing the case ultimately. 

The past is past, and now all you as a Virginia criminal defendant can do is to fight, fight, fight for the best possible outcome in your prosecution. As a Fairfax criminal lawyer, Jonathan Katz relentlessly pursues your best defense against criminal and DUI prosecutions. Call 703-383-1100 for your free initial confidential consultation with Jon Katz about your court-pending case.