Oct 24, 2020 DUI prosecutions are not profession-specific says Fairfax DWI lawyer
DUI prosecutions can trap anyone- Fairfax DWI lawyer on obtaining the right Virginia criminal lawyer for you
DUI prosecutions trap even people who never thought they ever would be prosecuted for a criminal offense. As a Fairfax DUI lawyer, I have defended plenty of people who would otherwise drive around with a police-supporting bumper sticker. For that matter, I have even represented — successfully — police officers charged with DWI, under Virginia Code § 18.2-266. Being a law and order person should never be a hurdle to your fully defending against any criminal charge against you; the police and prosecutors are certainly not falling asleep at the wheel merely because you support a police union.
Will the prosecutor delay preparing a case against me until I obtain a Virginia DUI lawyer?
As a Fairfax DUI lawyer, I know that once DUI prosecutions take place, the arresting officer is already at least 90% prepared for your prosecution. Additionally, the case will soon be in the hands of the Virginai prosecutor’s / commonwealth’s attorney’s office, and the prosecutor will already be at least 50% prepared to go against you within five minutes of reviewing your case. (For that matter, by the time I finish my first meeting with a DUI defendant, I am heavily ready for defending the case, but of course need to obtain discovery and fully prepare otherwise for my criminal clients’ defense.) While you remain without a qualified lawyer, you as a non-lawyer do not know about needed case preparation, including your deadline for getting witness subpoenas and document subpoenas served, your deadline for obtaining a discovery order, knowing when and how to object to a certificate of analysis in DUI prosecutions, and your deadline to obtain an order to transfer a blood sample to a privae lab for a Virginia DUI blood draw case.
Does my profession immunize me from the fallout that others might suffer from Virginia DUI prosecutions?
Virginia police and prosecutors are sworn to uphold and enforce the law — and they must do so Constitutionally — which means that they are not supposed to play favorites with those trapped with DUI prosecutions on the basis of their profession. Even assuming for argument’s sake that they sometimes favor certain professions, security clearance holders, veterans and current military members, and certain other people, it is highly risky and dangerous to hope that you will be one of those people. A capital defendant should never hope that the rope connected to the hangman’s noose will break, nor should a DWI defendant hope for a miracle to take place rather than obtaining a qualified Virginai DUI lawyer.
What must I do to defend against Virginia DUI prosecutions beyond hiring the right lawyer?
For those caught in Virginia DUI prosecutions, it is time to ask the lawyer what s/he will do to defend you, and what you can do to help your case. No mattter how innocent or not my criminal defense client is, even innocent people can get convicted. The standard of proof for convicting a Virginia criminal defendant is not beyond all doubt, but beyond a reasonable doubt (and there is no guarantee that some jurors and judges will apply a watered-down standard to convict).
Should I make sure that my Virginia DUI lawyer knows how to reduce the risk to my career, security clearance, bar license, immigration status, military membership, health care licensing status?
As a Fairfax DUI lawyer, I know that the collateral damage from a Virginia criminal or DWI conviction can be as bad or worse as the conviction itself. This means not only to obtain a qualified lawyer after Virginai DUI prosecutions, but also to assure that your lawyer either understands how to reduce the risk to your job security or immigration statuts or at least how to work with lawyers and other professionals to advise well on that. In that regard, I have dozens of times worked with a qualified security clearance lawyer to underline to prosecutors how serious for my clients’ security clearance status will be active jail time and a subsquent DWI conviction for my Virginia DUI clients. For immigrants facing DUI prosecutions, I have focused on avoiding active jail time for clients who might get caught in ICE crosshairs by being hauled off to a jail that routinely rats out non-citizens to the immigration authorities, and avoiding a repeat alcohol conviction so as to reduce the risk that the immigrant will be categorized as a habitual drunkard. For health care professionals, I underline to prosecutors the risk from a Virginia DUI defendant to their health care license. With military members, I know that a DUI conviction — and even charge — can threaten their privilege to continue as a military member. For both lawyers and health care professionals, the risks to one’s profession from a Virginai DWI conviction can depend on which states license them.
Fairfax criminal lawyer urges never to give up nor give in with your Virginia DUI defense
With Virginia DUI prosecutions, it is essential to fully defend yourself, and never to water down that defense even by one drop merely because you otherwise are a fully law and order person. Fully defending yourself does not make yourself a criminal, but instead honors the Bill of Rights, which guarantees all criminal defendants the right to fully defend themselves. Virginia criminal lawdoe s not discriminate among law and order people and eveeryone else. Once arrested, fight, fight, fight for your best possible result.
Fairfax DUI lawyer Jonathan L. Katz has successfully defended hundreds of clients accused of DWI, felony and misdemeanor offenses, including handling over one hundred trials. If you are charged with a Virginai DUI or criminal offense, you have come to the right place. A free in-person consultation with Jon Katz is yours by calling our staff at 703-383-1100.