Engaging prosecutors- Fairfax criminal lawyer on how to do that to the benefit of Virginia defendants

Engaging prosecutors is essential for your Virginia criminal attorney to be able to do well. As a Fairfax criminal lawyer, I recently witnessed the truism of all of this in Fairfax Circuit Court. My client reached a favorable plea deal in a serious felony case that put people’s lives at serious risk, that risked putting him behind bars for many years absent a settlement agreement. Nonetheless, the plea agreement involved a sentencing cap on the judge (if the judge accepted the deal) that permitted the prosecutor to seek more incarceration time than my client had already served after having been denied pretrial release / bond / bail. On top of that, as always with Virginia criminal cases, the judge was fully free to reject this plea agreement that bound the judge not to exceed the agreed sentencing cap had he accepted the deal. Not knowing before my client’s guilty plea hearing date who our sentencing judge would be, shortly after my client got denied bond, we got right to work on his self rehabilitation, which was key to the prosecutor’s making much of my argument for me before the judge ever heard orally from me, in recommending no further incarceration for my client.

Engaging prosecutors needs to remember they are humans who are more likely to open their ears when not feeling the need to look for a concealed weapon instead

As is common in this county for engaging prosecutors, the Fairfax assistant commonwealth’s attorney / prosecutor handling my client’s sentencing had a mountain of sentencing hearings for that day. As is also common in Fairfax Circuit Court, the judge asked each set of lawyers for a time estimate for their proceeding. My time estimate of thirty to forty-five minutes (when considering, for instance, that we had a forensic mental health professional to testify) was the longest of the time estimates for that day, to the point that the judge mentioned that he was offering a set of lawyers to proceed with their cases if they did not want to wait for after my lengthy sentencing hearings. During a break in proceedings, I walked up to the prosecutor in a very open and ready-to-listen and ready-to-talk fashion, and he spoke first along the lines of that my client’s self improvement steps (and, I take it, his very optimistic forensic mental health evaluation and great reference letters) were so excellent as to not merit needing further incarceration. The prosecutor took that one step further in telling the judge that this prosecutor had never before seen such extraordinary self improvement, and that my client was clearly a very changed man for the better. What helped open this prosecutor’s ears? I suppose it was a combination of my very detailed and advocating sentencing memorandum — which is important to provide Fairfax judges and all Virginia judges well in advance of a Circuit Court sentencing date — that attached documentation of the foregoing accomplishments,

Shedding anger and butt kissing in dealing with prosecutors

Just as a beautiful rose also has thorns, engaging prosecutors and police requires bewaring their dangerousness. Nonetheless, this vigilance can and must be maintained without anger nor butt kissing. Prosecutors, police and everyone else are humans, who will be more receptive to Virginia criminal defense lawyers when those attorneys simply approach prosecutors and police on their level, from a perspective with which the prosecutor or police officer may identify.

Fully fight the prosecutor as necessary

Engaging prosecutors must include being ready to fully fight them as needed. As Master Kan taught in Kung Fu: “Avoid, rather than check. Check, rather than hurt. Hurt, rather than maim. Maim, rather than kill. For all life is precious, nor can any be replaced.” Your Virginia criminal defense lawyer’s goal must be to obtain as much justice as possible for you, and not to make this about egos nor gamesmanship.

Fairfax criminal lawyer Jonathan Katz rolls out the red carpet in defending you to the hilt against Virginia felony, misdemeanor and DUI prosecutions. Secure your rapidly-scheduled in-person confidential consultation with Jon Katz  by contacing us at 703-383-1100, info@BeatTheProsecution.com, and (text) 571-406-7268.