Plea deals are overrated, says Fairfax criminal lawyer

Plea deals are overrated. As a Fairfax criminal lawyer, I suggest that you talk to any excellent criminal defense lawyer, and learn about the many times they have won trials that they were not sure they would win. Talk to them about the importance of being great at cross examining opposing witnesses, and how they approach cross examination (which is part of the criminal defense lawyer’s ongoing telling of the defendant’s persuasive story, without needing always to destroy the cross examinee and what they say on direct examination). Ask the lawyer how much they do or do not love trials, which take longer than proceeding with a plea deal, but are invigorating to handle, when fully and well prepared for trial. I fully address this in my recent podcast available in audio and video format.

Why it is not necessary for your Virginia criminal defense lawyer to be a former assistant commonwealth’s attorney?

Any former prosecutor’s insistence about the need to hire a former prosecutor — someone who used to push for convictions and incarceration — finds that assertion deteriorates when they are asked how much cross examination experience they got as a prosecutor (so often very limited). Also, ask the former prosecutor whether they favor prosecuting or defending, and how much they do or do not enjoy representing criminal defendants rather than, as a prosecutor, putting police and civilians on the witness stand (and hopefully knowing, in their heart of hearts, that not all prosecution witnesses are telling the truth). Ask your potential criminal defense lawyer what motivated them to choose criminal defense (and, with former prosecutors, what motivated them to prosecute). Yes, the reality of criminal defense is that plea deals are the defendant’s option to pursue, which negotiating needs to come from the position of strength of trial readiness.

Here are three acquittals a Fairfax criminal lawyer obtained after the defendants rejected plea deals

In a recent episode of my Fairfax criminal defense podcast, I present examples of three of my many trial acquittals, with one in particular not being a shoe-in by any stretch of the imagination, with another acquittal coming from a judge who said he was very skeptical of Jon’s theory of defense presented in opening statement until hearing the smoking gun surreptitious audiotape, and another acquittal with a judge known to not frequently enough say “not” in front of guilty. If someone calls themselves a trial lawyer, hopefully that means they have great trial experience and ability, and the drive to do what it takes — within the bounds of the law and ethics — to obtain trial victory for their clients. Yes, part of being a great trial lawyer is also to be able to achieve great plea deals, from the position of strenght of full trial readiness.

How important is it for my Virginia criminal defense attorney to be able to reach great plea deals?

Yes, negotiation skills and ability are essential for your criminal defense lawyer. At the same time, ask your potential criminal defense lawyer about the number of times that saying not guilty has gotten them better negotiated settlements (whether plea deals or better) and the number of times that they have actually obtained better settlements at mid-trial. Ask your potential criminal defense lawyer about the number of times they convinced the prosecutor to leave their plea offer open until the resolution of a suppression motion hearing or other specified hearing, where winning the hearing might put the brakes on the prosecution altogether. Your criminal defense lawyer should be great both with trials and settlement negotiations.

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