Fairfax DUI pleas / negotiations are more defendant-favorable with the current chief prosecutor, but a conviction is still a conviction, so be trial ready

Fairfax DUI plea negotiations on the whole are more favorable to defendants charged with drunk driving / driving under the influence of alcohol, liquor, beer, wine or drugs under Virginia Code§ 18.2-266,than under the previous Fairfax County, Virginia prosecutorial regime that lasted for decades. However, that is not always the situation on a case-by-case basis. Furthermore, a conviction is still a conviction, which for many people can wreak havoc on their liberty, livelihood, reputation, security clearance, employability, and overall life situation. Additionally, no prosecutor is required to agree to nor offer you as a Virginia DUI or criminal defendant any plea deal at all, let alone a good deal. Consequently, it is folly to go to your Fairfax DWI court date and any other Virginia court date with a criminal defense lawyer who will not persuasively, competently and effectively perform at trial for you.  Furthermore, when the a Fairfax or any other Virginia prosecutor / assistant commonwealth’s attorney knows that your lawyer is ready and rearing to go to trial for your case as needed, is fully prepared and competent to go to trial, and knows your case inside out, that drives more favorable plea / settlement negotiating than when  you are desperate for a favorable guilty / no contest / Alford plea out of having no plan B. In fact, going to trial needs to be your plan A, because even if you reach a favorable plea deal with the prosecutor, Virginia law provides wide latitude for the assistant commonwealth’s attorney to back out of that deal at any time before the judge accepts your guilty or no contest plea.

Why should I go to trial and risk jail if Fairfax DWI pleas of guilt / no contest often result in no active jail and the interlock as my only driving limit?

Fairfax DUI pleas / negotiations more often than under the prior prosecutorial administration — but with no guarantee — can be for no active jail even when your alleged blood alcohol content ( BAC ) is 0.15 or higher (meaning a mandatory minimum of five days in jail) or over 0.20 (meaning a mandatory ten  days in jail), or when you qualify for mandatory minimum incarceration due to a prior DWI conviction within the prior five or ten years. The time that the assistant commonwealth’s attorney (or the judge) rejects a no-active jail plea deal is not the time for you to wis you had a Plan B with a great and fully prepared lawyer ready to go to trial. Furthermore, also watch out about plea offers that avoid active jail time (unless you are later found in violation of probation) but that provide for you to wait a few weeks or months to be eligible for restricted driving privileges, that require a huge fine, or provide for other onerous obligations. Assess with your lawyer what are the risks and benefits of going to trial. If you lose at trial and the judge finds a sufficient link between your alcohol consumption and any collision — or determines you were speeding mightily while under the influence of alcohol — you may receive more than mandatory minimum sentencing, as a for instance. Of course, if you go to trial and lose for a BAC of 0.15 or higher, you lose out on the opportunity to have your restricted driving during your one-year driving suspension period be with only the obligation to operate a motor vehicle outfitted with an ignition interlock device ( IID) ).

Why should I antagonize the police and prosecutor by having a trial-ready Fairfax DUI lawyer?

A client of mine one day very sincerely shared his concern about antagonizing the Virginia assistant commonwealth’s attorney prosecuting his case in a more sparsely populated county, by his coming to court with a lawyer (myself) with a reputation as a highly effective fighter, from the highly-populous Northern Virginia. I tried wrapping my head around this mistaken notion, in that fire from police and prosecutors needs to be fought with fire, not with a slingshot. And what worse outcome did this defendant expect from having a strong and devoted Virginia criminal defense attorney fighting for him, than a lawyer merely going through the motions and working for the defendant for no reason other than the fee being paid by the criminal defendant? Did he expect a worse plea deal? I would expect prospects for more favorable negotiations. Did he fear a harsher sentencing recommendation from the prosecutor in the event of a trial loss? Any time a criminal defendant does not enter a plea deal, the prospect exists for the prosecutor to request a pound of flesh in sentencing, but the persuasive lawyer has a better chance of obtaining a favorable sentence than a lawyer acting like a cream puff. Remember, Fairfax DUI pleas of guilty or no context — and all guilty and no contest pleas in criminal court — bypass a trial and convict the defendant, unless pursuant to the scenarios that permit an ultimate case dismissal.

Why have mercy for the police and prosecutors who will not flinch at having your hide?

Even the most enlightened of prosecutors still have an agenda that does not ordinarily align with yours as a DWI defendant or Virginia criminal defendants. Favorable Fairfax DUI pleas for guilty or no concessions still result in convictions. Remember and internalize all that as you choose your Virginia DWI lawyer, and as you make decisions about how to proceed with your defense. The only person to look out for in court is yourself — numero uno — plus your loved ones, just as long as you are doing so within the bounds of the law. And make sure your Virginia DWI attorney is on board with that, no exceptions. My duty is to you as the person being prosecuted, and not to create nor maintain any friendships with prosecutors. The only prosecutors with whom I even maintain a social media connection (and I maintain none with judges) are three: my former public defender officemate doing appellate prosecution in another state, my former part time legal assistant in another state, and a great local mindfulness teacher who worked with a federal agency; I never had any cases against any of them.

What good are admissions of guilt or no contest if the judge will not accept its terms and conditions?

Virginia criminal law requires judges to accept guilty and no contest pleas, but does not obligate them to follow sentencing recommendations jointly presented by the criminal defendant’s lawyer and the prosecutor. That is an additional reason always to be trial ready on your Virginia DWI trial date.

Fairfax DUI lawyer Jonathan Katz is among the limited percentage of Virginia DWI defenders who are members of the National College of DUI Defense ( NCDD ) and equivalent organizations, and is trained in conducting standardized field sobriety testing ( SFSTs / FSTs ) on people who have consumed alcohol, by one of the nation’s top SFST instructors to police. Call 703-383-1100 for our free in-person confidential consultation with Jon Katz about your court-pending case.