Fairfax preliminary hearing dates can be a wild ride- Make sure your Virginia criminal lawyer is able to navigate this challenge

Fairfax preliminary hearings (PHs) for decades have been scheduled to start at 2:00 p.m. and end 4:00 p.m. on Mondays through Wednesdays. As a Fairfax criminal lawyer, I believe there must be a better way than to pack in scores of cases into such a short timeframe. However, with the Fairfax courthouse having one of the two busiest criminal case dockets in the Commonwealth of Virginia and with budgetary and personnel limitations, this state of affairs is not automatically going to change, at least unless we shrink what is criminalized and prosecuted (legalizing personal possession of marijuana was a good start) so as to have lighter court dockets in the first place. This article covers making yourself mentally prepared for the sometime chaotic-seeming energy surrounding Fairfax PHs; making sure your lawyer is fully preparing the attorney and you for your defense on that date; assuring that full discovery is received before that date; knowing when to engage in pre-PH date negotiations; and not expecting automatic continuances of PH dates.

Should I visit the courthouse before my Fairfax preliminary hearing to get a sense of the lay of the land?

Before your Fairfax preliminary hearing date or any court date, it is a good idea for you to visit the courthouse in order to feel more comfortable on your court date. As a Fairfax criminal lawyer, I suggest that you coordinate that with your attorney, who can tell you when similar cases and dockets will be taking place. When you visit the Fairfax courthouse on PH afternoons on the second floor, you will understand the mood and physical dynamics that can get very crowded in the courthouse hallway and even border on chaotic. If you are claustrophobic, be ready for that. The courthouse has a few private conference rooms on the second floor, and even more on the third floor. Make sure your Virginia criminal lawyer is taking advantage of talking with you confidentially in the courthouse.

PH dates are for defending against felony cases. Your PH date requires plenty of advance preparation

Nobody wants a Virginia felony prosecution or conviction, let alone any prosecution or conviction at all. Make sure that your potential and hired Virginia criminal lawyer will be fully prepared for your Fairfax preliminary hearing date, including pursuing discovery and other essential evidence early on, and determining the extent to which it makes sense to talk with the assigned prosecutor (who sometimes gets changed) before your PH date. Make sure you are fully prepared, as well, by knowing what to possibly expect on your PH date, and by talking well in advance of your PH date with your lawyer about the self improvement steps you should be taking in your case that might assist with settlement negotiations (ideally without a conviction involved) and to assist with any possible sentencing.

Will I easily get a continuance of my PH?

Continuances of Fairfax preliminary hearing dates help bottle up a system that already often will not provide a new PH date for many weeks at very least. See my article here for details on the limits for obtaining a Fairfax PH continuance on your PH date. Seeking a Fairfax PH continuance on your third PH date can be particularly challenging.

When will my PH case head to Circuit Court?

Fairfax preliminary hearing dates either result in a negotiated settlement, a dismissal, a continuance, or the holding of a PH. Here is my article detailing Virginia PHs. If your case gets indicted after your PH date, you can in Fairfax expect any indictment to take place on the nearest or next third Monday of the month. Once your case is in Fairfax Circuit Court, you can expect your case to move quickly, starting with the scheduling of your trial or plea date. Again, make sure that your Virginia criminal lawyer will be fully prepared for your best possible defense.

Fairfax criminal lawyer Jonathan Katz knows that your defense is not a guaranteed cakewalk, which is why he relentlessly defends you against Virginia DUI, felony and misdemeanor prosecutions. Find out how through your free initial in-person confidential consultation with Jon Katz about your court pending case. Call 703-383-1100 to secure your meeting with Jon.