Fairfax criminal defense lawyer Jonathan L. Katz is headquartered in this county, and defends throughouth Northern Virginia against felony, misdemeanor and DUI prosecutions. The Fairfax courthouse is a very active criminal defense battleground, having one of Virginia’s busiest criminal case dockets. Defending here requires being constantly on guard and on the move in presenting winning advocacy for Virginia criminal defendants.
Since mid-2020, the Fairfax chief prosecutor has kept his office from prosecuting most misdemeanors other than cases involving DUI, domestic assault involving intimate partners, stalking, sexual assault, motor vehicle misdemeanors with fatalities, firearms violations relating to substantial risk orders, and misdemeanors consolidated with felony charges. This development is a double-edged sword for Jon Katz and all other Fairfax criminal defense lawyers, by weakening the case against criminal defendants at trial, but also eliminating the possibility of negotiating dismissals, procedural benefits and other favorable case dispositions with prosecutors. This state of affairs is a complete sea-change from the decades-long practice of the prior chief prosecutors, and Virginia criminal lawyer Jon Katz always is ready for this and all other developments in prosecutions and courthouses.
Fortunately, many Fairfax police officers are able agreeably to disagree with Virginia criminal defense lawyers, and are willing to provide substantial information rather than protectively or snidely saying to get that information from the prosecutor or from the witness stand at trial. Nonetheless, cops are trained to help prosecutors prepare their cases and to testify credibly and persuasively from the witness stand. The only way to even and reverse the playing field against a criminal defendant in this courthouse is to obtain a qualified Fairfax criminal lawyer. Whether or not you have a Fairfax criminal defense lawyer, do not let yourself get lulled into a false sense of security by any amiable courthouse banter among police and Virginia criminal defense lawyers.
Procedures to obtain a continuance of your first or subsequent Fairfax criminal court date depend on such factors as whether the case is in the General District Court, Circuit Court or Juvenile and Domestic Relations District Court; written court procedures; typical practice; criminal charge involved; and judge involved. Ideal is to have a qualified Fairfax criminal defense lawyer seeking any court date rescheduling in this courthouse, becuase that lawyer will have a better understanding about such procedures, the lawyer will be able to present and argue the matter well, and the court will be less concerned about whether an illegitimate or overly-delaying intention has driven the rescheduling request.
The Fairfax General District Court holds hearings every weekday morning for seeking court date rescheduling and other judicial relief. Some cases and circumstances permit seeking a court date continuance in writing rather than also with a hearing. Information about Fairfax General District Court procedures is available at the court’s procedures webpage and in its administrative procedures manual. At least for lawyers seeking court date changes, the Fairfax Commonwealth’s Attorney’s Office needs to be copied on all court filings, as with all Virginia criminal litgation.
Among the benefits of obtaining a qualified Fairfax criminal lawyer is that the lawyer will be able to answer this and other important questions as relevant to your specific case. For instance, depending on the circumstances, and commonly applicable to Fairfax DUI cases and felony cases handled as preliminary hearings in General District Court, the first court date may be an arraignment date, followed by an attorney review date, finally followed by a trial date for Virginia misdemeanor cases or a preliminary hearing for Fairfax felony cases. Some criminal defendants expect they will be granted a postponement on their first trial date if they do not have a lawyer, but that will not necessary be the case if the criminal defendant has been arraigned. The sooner a defendant obtains a qualified Fairfax criminal lawyer, the sooner s/he will know the court procedure applicable to his or her case and the sooner s/he will start preparing his or her full defense.
Handling such a high volume of criminal and cviil cases, the Fairfax County Circuit Court means business about managing its calendar. Therefore, Fairfax Circuit Court criminal defendants should not anticipate being able to reset their felony trial dates without going through any hurdles. Here as in so many aspects of one’s Fairfax criminal case, it is more helpful already to have a qualified Fairfax criminal defense lawyer to assist, for instance with the Circuit Court’s usual calendar control procedure for seeking trial date rescheduling.
Among the benefits of having a Fairfax criminal lawyer obtained before your first court date is that if you are sick or otherwise delayed or unable to come to court, your attorney will be able to articulate that well to the court, and will be able to be certain about scheduling a new court date. If a Fairfax criminal defendant calls the court the day of his or her case to inform that s/he is sick, it is important to call well in advance in case high call volume keeps the caller on hold for a lengthy period of time.
Unfortunately, in Virginia the first court date is not guaranteed to be a bond hearing / review date for arrestees who remain incarcerated overnight. For instance, in Fairfax General District Court and beyond, prosecutors are permitted to ask not to have a bond hearing before the day after the initial / arraignment appearance, in order to obtain the defendant’s criminal record and to prepare accordingly. An informed Fairfax criminal lawyer will know the deadline and procedure for obtaining a bail / bond hearing for the next morning in Fairfax General District Court, and the proecedure for obtaining a new appealed bond hearing in Circuit Court in the eventt the lower court judge denies bond or sets a bond that seems too high.
It is important for General District Court criminal defendants om this county to appear with a criminal lawyer on the first trial date. Except as stated below for DUI cases, in Fairfax General District Court, generally “[n]o continuance shall be granted to either the Commonwealth or defendant as a matter of right on the original trial date of any case.” GDC Administrative Procedures at 5:15.
The first non-arraignment court date for a DUI case “will generally be continued [on that court date] and neither the Commonwealth nor the Defense will need to subpoena witnesses for this date.” https://www.fairfaxcounty.gov/generaldistrict/sites/generaldistrict/files/assets/documents/pdf/policies-and-procedures.pdf GDC Administrative Procedures at 5:25.
Do I get to park at Jon Katz’s parking lot for all my court dates?
Fairfax criminal lawyer Jon Katz invites his clients, their friends and family to obtain a parking pass from us for our parking lot across from the courthouse. It is ideal for you to alert us with a parking pass request at least a day before your court date. Addtionally, the Fairfax courthouse allows cellphones, but make sure that they are not visible nor audible while in the courtroom, and assure adherence to the courthouse rule against photography, audiotaping and videotaping in the courthouse.
Virginia criminal defense lawyer Jon Katz has successfully defended hundreds of people charged with felony, misdemeanor and DUI offenses in the Fairfax courthouse. Call (703) 383-1100 for a free absolutely confidential in-person consultation with Fairfax criminal lawyer Jon Katz about your court-pending case.