Patience power for winning criminal defense- Fairfax criminal lawyer weighs in

Patience power is among the most essential aspects of obtaining as much justice as possible against your prosecution. As a Fairfax criminal lawyer, I have repeatedly heard my clients say “I just want to get it over with.” However, pleading guilty does not “get it over with” but instead provides you with a new hole into which you might fall and with which career and other opportunities might be hurdled. Being like a tiger patiently waiting for its prey can pay off in many more dividends than rushing to complete everything as soon as possible, all at once. In that regard, consider consulting with a qualified criminal defense lawyer before paying for a Class 4 misdemeanor Virginia criminal charge (for instance public intoxication) that can haunt you for years to come. Recognize that the first plea deal or other settlement negotiation offered by the prosecutor is not always the best deal or resolution that you can obtain. Know that taking the risk of going to trial is sometimes the risk that needs taking. Recognize the game shift — whether beneficial or not — that may happen by continuing your trial date (when that is possible) rather than rushing to resolve your case on the first trial date.

Should I pay my non-jailable misdemeanor charge or go to court? Patience power says beware

Patience power shows that your non-jailable charges that are related to your jailable charge can be used as leverage to obtaining a favorable settlement. I might be better able to convince a Virginia assistant commonwealth’s attorney / prosecutor to reduce a DUI charge to reckless driving if accompanied by also pleading guilty to a speeding ticket than if my client had already paid in advance for the speeding ticket. Beware also about paying your drinking while driving Class 4 misdemeanor charge while your related Virginia DUI prosecution is pending. You have a right to a trial on all Virginia moving violation and criminal charges, so should think twice before paying for any of those before your trial date. Of course, make sure that if you are not going to pay that by your trial date to attend your trial date.

Will my Virginia plea negotiations improve by changing my court date? Will the prosecutor keep their plea offer open?

For those who have actually committed a crime, they took a risk when committing the crime. Court also involves taking risks, this time calculated risks. In Fairfax General District Court, prosecutors often will say that they will not keep a plea offer open past the trial date, for instance so as not to tie the hands of their successor prosector. One possible response is to suggest to keep the plea offer open until two weeks (for instance) before the next trial date or two weeks (for instance) from the next trial date.  Plea negotiations can improve, get worse or stay the same between two trial dates, based on such factors on getting a new prosecutor or not, availability of essential prosecution witnesses or not, and revelation to the prosecutor of new material information (whether that information helps the defense or prosecution more). Passage of time can change minds and even wear down the other side. Patience power is vital.

Will I get a new judge by continuing my trial date?

In Fairfax General District Court, for instance, you are likely going to get a different judge if your case gets continued. Some judges are more likely to accept your plea deal with the prosecutor than other judges. Virginia law allows a criminal defendant to withdraw from a plea deal if the judge will not accept it, unless the defendant waives that right. Fairfax Circuit Court judges decline to accept a carbon copy of a plea deal that the first judge rejected. That is not yet the case with Fairfax County General District Court judges. Patience power means taking into consideration the big picture of whether and when to settle your case, or to simply take your case to trial.

Fairfax criminal lawyer Jonathan Katz relentlessly pursues your best defense against Virginia felony, misdemeanor and DUI prosecutions. Call 703-383-1100, Info@KatzJustice.com and (text) 571-406-7268 for your free in-person strictly confidential initial consultation with Jon Katz about your court-pending prosecution.