Fairfax ACAs (Assistant Commonwealth’s Attorneys / prosecutors) mean business, says Fairfax criminal lawyer

Fairfax ACAs (Assistant Commonwealth’s Attorneys) mean business. As a Fairfax criminal lawyer, I underline that to my clients, for them not to be lulled into a false sense of security that somehow the chief prosecutor’s self-given “progressive” moniker means that all will go okay with their case in court without their putting up a two-fisted fight. The chief prosecutor in the neighboring county to the east of me also self-styles herself as a progressive — who has represented criminal defendants, unlike the Fairfax Commonwealth’s Attorney —  but that does not always emerge in the way her prosecutors approach their cases. The chief prosecutors in the city to the south of her and the large county southwest of me have prosecutors who claim to have progressive aspects of themselves, but whose line prosecutors’ (at least) actions often deviate very much from that. The county due west of me has a chief prosecutor who beat out the former self-styled progressive prosecutor, and he does not claim any progressive line. On top of that, if a prosecutor working for a self-styled progressive wants to keep their options open to become a federal prosecutor or to move to another prosecutor’s office, that prosecutor may choose not to be seen as too progressive themselves. This is about reality, not complaint.

What is the antidote to Fairfax ACAs meaning business?

The simple antidote to Fairfax ACAs meaning business — and to all prosecutions — is to obtain the best possible Fairfax criminal lawyer you can find. Would you hand the basketball to your opponent who claims “I will be your best friend” for doing so? There is no less reason to be fully prepared in criminal court. What I can say is that many Fairfax prosecutors are more human and open in discussing cases than were plenty of in the previous administration in this county. I can say that I often am able to obtain better negotiated settlements and plea deals with Fairfax assistant commonwealth’s attorneys than with the previous adminsitration in that, for starters, prosecutors in the previous administration less often negotiated based on sentencing ranges rather than counts for felony plea negotiations, and the current chief prosecutor has directed his line prosecutors not to seek harsh mandatory minimum sentencing outcomes when it makes more sense to have lower sentencing than that. However, a conviction remains a conviction, which can not only lead to incarceration, but also involves such adverse collateral consequences as loss of vital rights for a felony conviction, and often loss of employment, security clearance and reputation, together with adverse immigration consequences.

What is the resistance level of Fairfax judges to defendant-favorable plea deals, where there was less resistance with the previous chief prosecutor?

The two previous chief prosecutors in Fairfax were so conservative compared to the current actions of Fairfax ACAs that it was not common for judges in this county to question whether agreed sentences were too lenient. Judges need to continue in that vein with any prosecutorial administration, rather than injecting their own judicial viewpoint into the executive decisions for settlement negotiations by elected chief prosecutors and their line assistant commonwealth’s attorneys. One Fairfax judge said it well when accepting my negotiated settlement of reckless driving amended from DUI with a blood alcohol concentration (BAC) test of 0.19 (nearly 2.5 times the legal limit) (with a short suspended jail sentence and a fine, without restricted driving privileges nor alcohol treatment/education (VASAP)) by stating when I offered the judge documentation of my client’s self improvement steps, that despite any opinions the judge might have about such a settlement, the judge was not going to alter this decision of the prosecutor in my case.

Fairfax judges mean business

Your Fairfax criminal lawyer needs to be ready not only to deal with and fight Fairfax ACAs, but also to convince judges to accept the defense-prosecution negotiated case dismissal arrangement or sentence, and to convince the judge to accept the disposition your lawyer recommends, whether contested or not. Fairfax judges — like judges everywhere — have a wide range of judicial philosophies, temperaments and approaches. I much prefer an unsmiling, growling judge who gives a great disposition for my client, than the opposite. It is my job to well-read and well persuade any judge before whom I appear.

Fairfax criminal lawyer Jonathan Katz approaches each client and case from a fresh perspective of full caring and a full court press to obtain your best possible result against any and all Virginia DUI, felony and misdemeanor prosecutions. Jon Katz and his staff are fully focused not only on your defense, but also on your getting on with your life during the pendency and conclusion of your case. For your free in-person strictly confidential initial consultation with Jon about your court-pending case, contact us at  703-383-1100, Info@BeatTheProsecution.com, and (text) 571-406-7268.