Fairfax bench members mean business, says Virginia criminal lawyer

Fairfax bench members — meaning judges on that county’s District and Circuit Courts — mean business. This is true for all judges before whom I have appeared thousands of times during my criminal defense career. As a Fairfax criminal lawyer, I know this to be a truism, no matter how much your judge smiles, frowns, speaks firmly, or speaks gently. Certainly, the more recent judicial additions in this county tend to be more judicious in their tone of voice and words than plenty of much more salty-tongued judges before whom I have appeared in other jurisdictions, but that does not remove the fact that they mean business. They have taken an oath to fulfill their duties and to fully follow the federal Constitution and the Virginia law, of course being required to not enforce unconstitutional laws. Being human, many are cognizant of public opinion and how that might affect their chances at reappointment, but the law bars them from having that affect how they decide.

Fairfax bench members want to know whether victims are on board with a party-agreed sentence

Among the vital reasons why you should obtain the best possible Fairfax criminal lawyer for your case and to engage in substantial relevant self-improvement is that your plea or other disposition agreement with the assistant commonwealth’s attorney/prosecutor is not worth more than the paper it is printed on, without your judge’s approving the agreement. Whenever a crime victim is involved, Fairfax bench members will want to know whether the victim agrees with the disposition reached by the defense and prosecution and, of course, will listen to what the victim has to say. Yes, not all victims are particularly adept at expressing themselves to judges and jurors, but many hire private lawyers — often attorneys who include criminal defense in their work — to advocate for their position. Just because a lawyer is a criminal defense attorney does not automatically mean that they will not agree to be hired by a victim and to very aggressively argue for a sentence that is much firmer or harsher than what has been agreed to by the defense and prosecution. Unless the judge has obtained the defendant’s agreement to risk being sentenced more harshly than the parties’ agreement, the defendant may withdraw from the deal if and when the judge rejects the plea deal.

Should I engage in self improvement before my Fairfax criminal court date?

With nearly every Virginia criminal defense client, I recommend a self improvement — and sometimes also a substance and/or mental health evaluation approach — geared towards assisting with settlement negotiations with the prosecutor, convincing the judge to accept any party-agreed settlement deal, and to persuade the judge at any contested sentencing. Do not expect that simply because your judge — if you even keep that judge — and/or speaks kindly that Fairfax bench members are going to merely defendants on a finger with a wet noodle for their case. The more that you show the judge that you are a different and better person than on the day of the alleged criminal incident, the better.

How should my Fairfax criminal lawyer deal with challenging judges?

The more faith and trust you have in your Fairfax criminal lawyer, the more you will give your attorney leeway in how to approach Fairfax bench members, and to be in the moment when doing so. Your Virginia criminal defense attorney is not going to succeed for your by wishful thinking nor incantations, but by smart, prepared, strategized and planned approaches for pursuing your best defense.

Fairfax criminal lawyer Jonathan Katz understands the psychology, strategy and planning involved in persuading your judge and jury against Virginia DUI, felony and misdemeanor prosecutions. For a free in-person confidential consultation with Jon Katz about your court-pending prosecution, schedule your meeting by calling 703-383-1100, info@BeatTheProsecution.com, and (text) 571-406-7268.