Fairfax GDC court dates should be your opportunity to obtain justice, not a time to be like a deer caught in the headlights, says Fairfax criminal lawyer

Fairfax GDC (General District Court) dates should absolutely be your opportunity to obtain justice, rather than a time that you feel like a fish out of water, a human treading water, or a deer caught in the headlights. As a Fairfax criminal lawyer, I here provide my clients and all other Virginia criminal defendants some essential information for taking charge of challenging your prosecution on your court date. Knowledge is essential power. Additionally, having the best possible Virginia criminal lawyer for you is vital power. The time to start — or continue refining — your defense is now, whether your arrest was today or several weeks ago. That includes spending substantial time and thought to finding the right attorney for you. You can start with my article here for finding your ideal lawyer.

What do I do to prepare for my Fairfax GDC court date?

Talk early on with your Fairfax criminal defense lawyer about your teamwork and division of responsibilities for your Fairfax GDC court date. From my end, basics include my independently obtaining and reviewing evidence, and discussing material aspects of your case with you. I will timely submit this draft discovery / evidence order to the Fairfax Commonwealth’s Attorney’s Office. I will timely file with the Court a request for and objection to your certificate of analysis for Virginia DUI and drug prosecutions. If your blood has been drawn for a Virginia DWI prosecution, I will request a judicial signature on a draft order to submit a sample of your blood to a private laboratory for testing, and I will obtain and review any search warrant application for your blood draw. I will file a motion to suppress evidence, and will demand Brady / exculpatory evidence from the prosecution. I will do more than all of that, which are the basics. I ask of my clients to timely respond to me and my staff when we contact you. I usually include advising you to take meaningful self improvement / homework steps, and to provide me this and other important documentation in your case plenty in advance of your court date. My law firm’s website’s programs and community service pages include some great information and ideas for proceeding in that regard.

What do I do on my court date, from parking to waiting to challenging the case to my case resolution?

Acclimate yourself to your Fairfax GDC case, to the court, and to the proceedings and rhythm of the court. If you live in or near Northern Virginia, endeavor before your trial date to visit this courthouse and courtrooms in the morning during 10:00 a.m. to 11:00 a.m., when the first and second courthouse floors are particularly abuzz with activity and sometimes trials as well. Feel free to ask your Fairfax criminal lawyer to accompany you for this visit. Courtrooms 1A through 1E usually proceed with Virginia DUI and other traffic cases. Courtrooms 2J and 2K handle the bulk of the non-traffic misdemeanor cases. Your courtroom will be listed here and via the courthouse hallway video monitors. For parking, my staff provides my clients with a disposable day-long dashboard parking pass (which can be obtained as late as the morning of your court date), to park at my office across from the rear entrance of the courthouse on Judicial Drive; you can cross the street and enter the courthouse through the rear entrance, which often has a shorter line than the front entrance. If you arrive earlier than your attorney asked you to arrive, the courthouse has a cafeteria on the bottom level and a sitting area with vending machines on the first floor near courtroom 1A. You are permitted to bring your electronic and computerized devices into the courthouse, but are not permitted to photograph nor record anything in any courtroomw without a judge’s clear permission otherwise, at the risk of penalties as harsh as a contempt conviction and incarceration.

More on what to expect and do on your Fairfax GDC date

I advise my clients that on their Fairfax GDC court date (and for their court date anywhere) to be ready for the possibility of a hurry up and wait situation, to arrive timely at court, but to be ready for their case to be called right away, or at least an hour or more after the court start time. In this courthouse, I usually advise my clients to wait in the hallway rather than the courtroom, until we are ready to enter for our case, unless my client wants to get a better sense of the judge and the judge’s mood and approach for that day. I advise my clients to discuss as much about their case with me prior to the court date, which is showtime, but also to be ready to discuss their case further on the court date, which is when I know who our judge is (which is not published beforehand), which prosecution witnesses are present, and how that affects how I advise to proceed, basically broken down into any new ideas for winning at trial further ideas for possible case negotiations (if my client wishes to engage in negotiations), and any possible continuance request by the defense or assistant commonwealth’s attorney, and how to respond to such a request. (NOTE that you are not guaranteed a continuance on your trial date but that this courthouse’s administrative procedures (p. 82) favor granting either side a postponement on your first Virginia DUI trial date (but be ready for a possible prosecutorial objection if you have obtained a previous DWI trial date continuance, even if obtained before the first trial date.)

How do my Virginia criminal defense lawyer and I approach settlement negotiations?

Any settlement negotiations need to be approached from a position of strength, from being fully prepared for trial. Notice how I say “settlement negotiations” and not “plea negotiations”. Settlement negotiations run the continuum from an outright case dismissal (with or without conditions for reaching a dismissal), continuing the case generally for a possibly defense-friendly future outcome, arranging for an eventual dismissal or count amendment (for instance via Virginia Code § 19.2-298.02, using this form that is available on my website), and entering a guilty or no contest plea to a less serious count or for a favorable sentence. If you reach a plea deal in Fairfax GDC, the judge will probably want the parties to use this Trial Advisement and Plea form. The rights detailed on that foregoing form are not complete, and your Virginia criminal lawyer should fully explain your rights to you prior to your court date.

Should I retain a court reporter?

The Fairfax GDC — and all Virginia District Courts — literally are courts not of record, meaning that they have no recordation devices. Talk with your lawyer well before your court date about whether you should hire a private court reporter, which will be the only official source of a court record. You can also talk with your lawyer about the less expensive (but less reliable and non-official record) approach of audiotaping the court proceedings. The Virginia Code says that “An audio recording of proceedings in a general district court may be made by a party or his counsel.” Virginia Code § 16.1-69.35:2. Nonetheless, it is wise for your attorney to ask the judge for permission to record. (In the unlikely event the judge declines such a request, your lawyer may cite to the foregoing Virginia Code section.)

How do I deal with restricted driving if convicted of Virginia DUI or wet reckless in Fairfax GDC?

If you are convicted of Virginia DUI or reach a wet reckless disposition in Fairfax GDC or another Virginia court, be ready to decide whether you wish to seek an unrestricted restricted license option (for the ignition interlock device (IID) to be the only limit on your driving) (if eligible) or more narrow restricted driving privileges. If you share your vehicle with another person, beware that nobody but you should drive a vehicle outfitted for you with the IID. If you are licensed to drive in another state, be ready for your Virginia judge to ask why you are not licensed in Virginia, and for the out-of-state licensing authority possibly to sanction you for your conviction in Virginia for DUI, refusal or reckless driving. Read the Virginia restricted license application before your court date. Your paper restricted license is only good by itself for sixty days. I tell my clients to bring that paper license to any full-service DMV 31-59 days after receiving it, for the DMV to have time to receive it, and to pay for a plastic restricted license to add to the paper license. Those with out-of-state licenses can consult with me about how to approach not being able to obtain a plastic restricted license.

If I am convicted and ordered jailed in Fairfax GDC, will an appeal get me out of jail and will I have to pay an appeal bond?

You get two bites at the apple in Fairfax GDC and with all Virginia misdemeanor district court trials, by having the right to appeal for a whole new trial in Circuit Court. Talk with your Virginia criminal defense lawyer about this option, and how to deal with any appeal. Talk with your attorney in advance of court about asking the judge to keep bond the same pending any appeal, and how to pay any appeal bond (if imposed), and about getting written permission by any party that paid your original bond/ bail, for their payment to continue into Circuit Court for appeal. Make sure your lawyer will assure that your jail card and any appropriate appeal paperwork are timely transmitted to the jail, so that you can get released as soon as possible. Even an appeal that permits release pending appeal can have you in this county’s jail for several hours depending on how busy the jail is for processing you out of the jail.

How do I act and testify in court? What should I wear for my Fairfax GDC court date, and what clothing should I bring for serving any jail time?

Here is my article on testifying and handling your trial. Here is my article on what to wear for your Fairfax GDC court date and how to conduct yourself in any Virginia court. Here is my article on what to wear for any overnight(s) in jail. If you have any medicinal, dietary or religious needs for any stay in jail, discuss that with your Virginia criminal lawyer in advance of your court date. As you can see, many moving parts and factors are at play in court, which is all the more a reason why you should obtain the best possible Virginia criminal lawyer for you soon after your arrest.

Fairfax criminal lawyer Jonathan Katz relentlessly pursues your best defense against Virginia DUI, felony and misdemeanor prosecutions. Learn about the great things that Jon Katz can do for your defense by securing your free in-person initial confidential consultation with Jon at 703-383-1100, info@BeatTheProsecution.com and (text) 571-406-7268.