Fairfax criminal blue sheet change- Fairfax criminal lawyer says not to let this small-seeming change fool you

Fairfax criminal blue sheets (FCBS) (formally known as Trial Advisement And Plea forms) are a staple of negotiating many criminal cases in the Fairfax County General District Court (with variations on those forms being common in the remaining Northern courts). As a Fairfax criminal lawyer, I know that the FCBS’s serve the multiple purposes of minimizing the risk of a miscommunication about the settlement that has been reached, by reducing it to writing; enabling the prosecutor not to be present while the settlement is effectuated by the judge, unless the judge or prosecutor wish otherwise; and correcting the judge’s finalized written sentencing in the event that it does not accurately reflect the parties’ agreed disposition. I also know as a Fairfax criminal lawyer that through the present time, Northern Virginia General District Court judges ordinarily recognize plea deals between criminal defendants and assistant commonwealth’s attorneys / prosecutors as binding on the judge, and otherwise allowing the defendant to withdraw from the deal and to proceed before another judge, pursuant to Virginia Code § 19.2-254. However, beginning April 1, 2025, the FCBS will be updated to state whether a plea deal among the parties is an agreement versus a recommended disposition, as reflected in the new FCBS form found here. The court clerk’s office has recently indicated that: “Should the Court reject an Agreement, the case randomly will be assigned to another Judge that day. If the second Judge rejects the Agreement, the case will be continued to a different date.” This FCBS change is not a mere small change. Read on for how this affects you as a Fairfax criminal defendant. 

Do I want my Fairfax criminal blue sheet to say by agreement or by a recommended disposition?

On your Fairfax General District Court criminal or DUI trial date (as well as in any Virginia county courthouse), your case will either proceed to trial, settle or postpone (with no guarantee of the latter). If your case settles, you may well wish to argue for a more favorable sentence than the assistant commonwealth’s attorney / prosecutor, in which case you would actually wish for the judge to know on your Fairfax criminal blue sheet that the prosecutor agrees not to seek a sentence more adverse to the criminal defendant than X, but the defendant will argue for a better sentence. Nonetheless, absent an agreed sentence, the judge does not have to let you withdraw from the deal if the judge will not impose an agreed sentence. With an agreed sentence, the judge does need to permit such a withdrawal under such circumstances.

Can I withdraw my plea if the judge will not grant the type of restricted driving privileges to which the parties agree

At least one Fairfax County General District Court judge has orally articulated that the terms and conditions of restricted driving privileges (when a sentence will require suspended driving privileges in a Virginia DUI or reckless driving matter) are for the court to decide, and a party-agreed condition on the Fairfax criminal blue sheet of the terms and conditions of such restricted driving privileges do not enable the defendant to withdraw from a plea deal if the judge will not agree to such conditions. Talk with your Fairfax criminal lawyer about any such risk with your judge, and about the alternative approach to moving to withdraw a plea on the basis of whether the judge fulfilled their obligation to inquire that the defendant has knowingly, freely and voluntarily entered into the plea deal. Boykin v. Alabama, 395 U.S. 238 (1969).

Should I proceed to trial rather than entering a plea deal?

Perhaps too few Fairfax criminal defendants proceed to trial rather than resolving cases with Fairfax criminal blue sheets. My watchword is to proceed to trial if the sentencing outcome is not likely to be worse upon a trial conviction than entering a plea deal. Make sure that your Virginia criminal lawyer has a good grasp on the pros and cons of proceeding to trial to provide you a good relevant risk analysis and to advise you how to reduce those risks (for instance, by securing certain expert and non-expert witnesses, by pursuing particular avenues of case investigation, and by your engaging in particular types of self improvement / self rehabilitation).

Fairfax criminal lawyer Jonathan Katz relentlessly fights for your best defense against Virginia felony, misdemeanor and DUI prosecutions. Secure your free, in-person strictly confidential initial consultation with Jon Katz about your court-pending prosecution by contacting us at 703-383-1100, Info@KatzJustice.com and (text) 571-406-7268.