Prosecutors acting badly- Do not put it past them says Fairfax criminal lawyer

Prosecutors acting badly is a more common phenomenon than you might think, and such action can even be the kind that is within legal and ethical guidelines but still reprehensible. As a Fairfax criminal lawyer, I know that such prosecutorial trespasses can arise from such factors as overwork, insufficient experience, lack of common courtesy, insensitivity, hostility towards criminal defendants and criminal defense lawyers in general, mistaken belief that baring fangs overcomes weaknesses in the prosecutor’s case, and lack of sanctions by supervisors for such trespasses. For me, such trespasses remind me of Ruby Bridges’ answer to what she was doing when passing by racists screaming over her being the first student to integrate a Southern elementary school: She prayed for them. Engaging in such non-anger keeps a criminal defense lawyer strong, because anger weakens. Most vile acts by prosecutors are mere sideshows rather than anything that will actually harm a criminal defendant’s case.

A Virginia criminal lawyer is the most persuasively powerful when handling the defense like a lawful gladiator fight whether or not we are dealing with any prosecutors acting badly

I recently returned to the office after a prosecutor spouted beyond improvident words about my client. Then I got hold of myself. His words were vile but harmless. Then, I remembered the great lessons from Russell Crowe’s Gladiator, who wins with no rules at all, let alone rules that protect him or that are in his favor. That same day, I ordered a framed Gladiator montage that now sits behind my desk, to constantly remind me to avoid letting prosecutorial sideshows from taking my eyes off the prize of victory for my Virginia criminal defense clients. Unlike the Gladiator, an unflappable criminal defense lawyer still has a client to bring to the unflappability.

What do I, as a Virginia criminal defendant, do if the prosecutor or cop try to rattle my mind?

Do not put it past some prosecutors and police to try to rattle a criminal defendant when they recognize that the criminal defense lawyer is unflappable. They might try to rattle the defendant to push a plea / settlement agreement, to shake their testimony, to try to create a wedge between the lawyer and client in order to make the defendant consider hiring a replacement lawyer who is less effective (for instance by making a crappy plea offer, even if that offer will not change even with a change of lawyer), to scare the defendant into doing snitch work, to obtain a procedural advantage, and to convince the defendant not to appeal a conviction. Talk with your criminal defense lawyer about any such efforts involving prosecutors acting badly and work as a team with your attorney to transcend such prosecutorial actions.

What are some examples of misdeeds by some prosecutors?

Here are but a few examples of prosecutors acting badly: Using disdainful words and a harsh tone of voice about the defendant or their lawyer when talking to the judge, which is when the defendant will hear the prosecutor. Whether or not they recognize that they are generally barred from getting their message across to the defendant by talking to the defense lawyer about the subject of the prosecution right in front of the defendant, numerous prosecutors do that. Some prosecutors walk right into a courthouse meeting room where I am conferring with my client, without first knocking, or else by knocking and not waiting for the okay to enter, and start talking about the case. This is my world where I fight for justice for my clients, where my goal is to obtain as much victory as possible for my clients, and not to be unnecessarily distracted by the misdeeds of any prosecutors, police or judges. My client and I are a united front on that path to successful court outcomes.

Fairfax criminal lawyer Jonathan Katz relentlessly fights for your liberty against Virginia DUI, felony and misdemeanor prosecutions. For your free in-person initial confidential consultation with Jon Katz about your court-pending case, call 703-383-1100.