Oct 25, 2020 Family member gets arrested- Fairfax criminal lawyer on your possible role
Family members and friends- Fairfax criminal lawyer on the best way to support your prosecuted loved ones
Family members and friends often express profound concern to me about their relatives / friends who have been charged witha Virginia criminal or DUI offense. As a Fairfax criminal lawyer, I know that such concern and support — in measured fashion — can be beneficial when my client welcomes it, when it is on balance helpful to my clients rather than a constant exercise by the relative or friend to kvetch rather than to encourage the Virginia criminal defendant to reach harmony — if not a reversed playing field — out of the matter, and when the attorney-client privilege and relationship will remain observed. For those clients who agree to waive that privilege, it remains important to know that their relatives cannot assert a privilege against revealing conversations between the defendant and his or her client. Virginia R. P. C. 1.6. Moreover, if a criminal defendant has candy-coated his or her situation to his or her family members, the defendant will be all the more compelled to stick to that watered down story whenever relatives are present, which does not assist the defendant’s obtaining his lawyer’s full firepower.
Can family members be an important support system for their relatives charged with a Virginia DUI or other offense?
Being charged with a Virginia crime or DWI offense can be an offputting, fear-instilling and lonely experience. When a criminal defendant’s family or friends express genuine words of moral support, that can go a long way. That support should focus on what is best for the defendant, rather than for the relative, and involves recognizing the importance of most lawyer communications being one-on-one time between the defendant and the attorney. Of course, when a criminal defendant is incarcerated pending trial, the jail will record all non-lawyer conversations that the inmate has with the outside world, making relatives often want all the more access to the criminal defense lawyer for updated case defense information.
What insight can family members and friends provide a Virginia criminal defense lawyer about his criminal defense client?
A Virginia criminal defendant’s friends and family members often have very benficial insights that they can provide me about my client, sometimes beyond what my client is able to well articulate. I welcome that insight, both about who my client is, what makes him tick, and anything about the incident that the relative knows about from having been present during the incident. Also helpful is for at lesast one friend or family member to come to court with my client both for moral support for my client, but also for me to demonstrate to the judge, as needed about my client’s excellent moral support system.
Does my paying for my child, or my child’s age, entitle me to more access to his Virginia criminal lawyers?
Numerous times a potential client’s or client’s fam ily memberstell me that they are happy to pay for the client’s attorney’s fee, but to urge the importance of their being present during attorney-client-privileged meetings and conversations, due to that their payor status, their child’s juvenile status or being an adult for a short time, or their child’s psychological or intellectual challenges.I fully understand that concern, but my best firepower and experience — as well as governing professional conduct rules — make it important that I have my attorney-client time, and occasional times when I briefly add my client’s relative to the conversation (at my client’s request) for such non-confidential matters as court procedure, and what the relative may tesitfy to at any trial or sentencing. I make clear in my client contracts that attorney-client communications are precisely that.
My relative does not speak good English and I am bilingual. Why is a detached qualified interpreter needed instead?
Communications between a Virginia criminal lawyer and his/her lawyer must be clear and concise, fully understanding the legal jargon and all other information. For any interpreter (if one is needed) to be anyone other than a professional or equally suitable interpreter can compromise that need. Certainly, such bilingual family members can be of benefit to assist with such non-confidential matters as court date logistics and understanding the meaning of non-confidential documents.
Fairfax criminal lawyer Jonathan L. Katz pursuues the best possible outcome against Virginia felony, misdemeanor and DUI prosecutions. Find out the difference Jon Katz can make for you by calling 703-383-1100 for a free in-person initial consultation about your court-pending case.