Quickly moving Virginia District Court dates favor having a decisionmaking flowchart before your trial date, says Fairfax criminal lawyer

Quickly moving dates for your appearances in Virginia General District Court and Juvenile and Domestic Relations District Court mean that it is important for you to have a decisionmaking flowchart before your trial date about what will convince you to settle your case rather than proceeding to trial or seeking a trial date postponement (which may or may not be granted, and is at least commonly granted on the first DWI trial date in the Fairfax General District Court). As a Fairfax criminal lawyer, I know that your time is not unlimited on your trial date for making that decision. Make sure to speak with your Virginia criminal defense attorney enough times and in enough depth about that well before your trial date.

Should my Virginia criminal defense lawyer pursue a settlement negotiation before my trial date?

A common advantage for your Virginia criminal defense attorney to wait for your quickly moving trial date to engage in settlement negotiation is the trial by fire that this may cause for the prosecutor, together with your lawyer’s ability to know whether the prosecutor has all their necessary witnesses and evidence to present at trial. A disadvantage to waiting until the trial date for settlement negotiations is whether the prosecutor will have sufficient focus and time on your case to consider settlement negotiations on your trial date, and whether you as the criminal defendant will have sufficient time to decide how to proceed. For the first issue, the option exists for the parties to agree to reschedule your trial date in order for the prosecutor to have that additional time to consider your lawyer’s settlement proposal(s), but that does not guarantee that the prosecutor nor judge will agree to such a trial date continuance (where good cause is required to obtain a trial date continuance in Virginia General District Court (see Virginia Supreme Court Rule 7A:14). As to the second issue, you and your attorney well before your trial date can put together a decisionmaking flowchart to enable you to make sound and well-informed settlement negotiating decisions on your trial date.

Should I proceed to trial on my quickly moving Virginia criminal court date?

As a Fairfax criminal lawyer, I know that your attorney is obligated to help you make an informed decision whether to settle your case with a plea deal or otherwise, and that you are the one who decides whether to proceed to trial or to proceed with the most recent settlement offer that was obtained. Make sure that both you and your Virginia criminal defense attorney are fully prepared for trial should you opt for that on your quickly moving trial date. Make sure that your trial preparation with your lawyer includes any testimony to be made by you, how you and your lawyer will interact during trial, what to expect during trial, and how to handle any conviction and sentencing. These discussions with your lawyer should be in sufficient depth and number.

What should I expect to happen during my Virginia criminal trial date?

Make sure that before your quickly moving trial date that your Virginia criminal defense attorney explains to you what to expect during your trial date. Your lawyer may not be able to anticipate and enunciate to you every possible occurrence for your trial, but it nonetheless is important that your attorney at least provide you an outline of the possible occurrences during your trial. Talk with your lawyer about preparing your possible trial testimony and whether you should testify. Talk with your lawyer even about such basics about how to dress for court and how long to expect your court date(s) to last.

Fairfax criminal lawyer Jonathan Katz takes a fully client-focused approach to defending criminal defendants. You will feel more confident and informed of your defenses after your initial free in-person confidential consultation with Jon Katz about your court pending prosecution for an alleged Virginia DUI, felony or misdemeanor violation. To schedule your meeting with Jon Katz, contact his staff at 703-383-1100, Info@KatzJustice.com or (text) 571-406-7268.