Oct 29, 2019 Persisting with courtroom challenges — Fairfax DUI lawyer weighs in
Persisting with courtroom challenges can yield great rewards, says Fairfax DUI lawyer
Persisting with a challenging judge and other courtroom challenges is essential for a criminal defense lawyer, As a Fairfax DUI lawyer, I know that the only alternative to working with a challenging courtroom situation is to throw in the towel, which is neither an option under the governing lawyers’ ethics rules nor an option for a lawyer as a person.
Criminal and DUI law is for lawyers who thrive on the battle and winning no matter how ugly the fight might get
Criminal and DUI defense law is not for the faint of heart versus for persisting advocates. Many judges have little patience for lawyers who are not ready for prime time and who do not show respect and awareness of the court’s time needs and constraints. Many prosecutors will push and exceed the limits of civility and proper trial tactics. All opponents will smell and take advantage of proverbial blood and actual fear and sweat from the other side.
The criminal defense and DUI lawyer must shoulder the burden of defending the client, rather than blaming the judge, jury, prosecutor and police
The experienced and persisting criminal defense and DUI lawyer already knows that the courtroom is not a place of guaranteed fairness nor fair play. A lawyer who can’t stand the heat of the courtroom should stay out of the courthouse.
The criminal defense / DUI lawyer is obligated to be fully prepared and persisting not only for the trial fight, but also for the particular judge, jury, and prosecutor the lawyer will be dealing with, and to have a mental flowchart and contingency plans that are constantly being updated to deal with blockades and unexpected hand grenades from the judge and beyond.
Persisting while knowing that the criminal / DUI defendant entrusts his or her life, liberty and livelihood in the lawyer’s hands
Criminal defendants do not spend their hard-earned money on lawyers for the lawyer to go half-heartedly through cookbook motions for the defendant, rather than to go full throttle persisting to pursue an acquittal or dismissal when possible, a favorable settlement negotiation when that is advisable, and the best possible sentence in the event of a conviction.
This is not about persisting like a bulldog nor bull in a china shop as a criminal defense lawyer, but to work smart, and to have the necessary proverbial weapons at the ready to deal with all obstacles and contingencies, to know how to use those weapons, and not to hesitate to use them.
Persuasively engaging the judge and jury
A criminal defense / DUI lawyer might pull a rabbit out of a hat one day in courthouse A, and learn the next day in courthouse Z that the tactics used in courthouse A to obtain victory are not working in courthouse Z. Persuasion is never one size fits all, but involves persisting and persuasively engaging the judge and jury, which means knowing them and addressing what is important to them.
Looking in the mirror before railing against the judge, jury, prosecutor and police officer
I do my best to resist any temptation to call any judge a fascist, any juror cold hearted, any prosecutor uncaring or underhanded, nor any police officer in dereliction of his or her duties. Doing so feeds into a tailspin of counterproductive, weakening and unpersuasive negativity. When faced with challenging people, I need to hold a mirror up to myself to keep focused on what I can do keep persuading and persisting as effectively as possible, and to keep improving myself as a person and criminal defense lawyer.
Fairfax criminal laywer Jonathan L. Katz pursues your best defense against felony, misdemeanor, and DUI prosecutions. To discuss your criminal case with Jon Katz, please call his staff at 703-383-1100 to schedule a confidential consultation.