Settling Virginia criminal cases- Fairfax criminal lawyer on going to trial instead, and negotiating settlements and their timing

Settling Virginia criminal cases involves backing up negotiations with full trial readiness, mastering the art of negotiation, timing, sensing bluffs, calling bluffs, and checking for weaknesses in the prosecutor’s case. As a Fairfax criminal lawyer, I know that plea and settlement negotiations can sometimes be like brinksmanship, as to whether to settle, when to settle, and how to settle. The best settlement is an outright dismissal that will not be followed by being recharged or by being charged with additional offenses.  The next best settlement can be a satisfaction and discharge / accord and satisfaction under Virginia Code § 19.2-151 when that is applicable for your Virginia misdemeanor offense, if the alleged victim is a private party. The next best settlement often is a dismissal with a not guilty plea under Virginia Code § 19.2-298.02  (so long as the terms and conditions are sufficiently favorable). Following that would be a settlement for a less serious charge than the one for which you are prosecuted. 

Is settling before my trial date a sensible approach?

Often in an ideal world I want to wait for the trial date to proceed with settling efforts for my Virginia criminal defense clients. It is on that date when I will know whether the prosecutor is able to proceed to trial and possibly win a trial if the case does not settle  or proceed to a plea deal. Also, on the trial date the prosecutor may be so busy with additional cases or may have concerns about their ability to win at trial, that I may be able to obtain a better settlement on the trial date than beforehand. However, prosecutors often will condition a settlement offer on setting before the trial date, in order to free up the prosecutor’s time, resources and witnesses for preparing for trial.

Is the prosecutor’s settlement offer deadline a bluff?

Sometimes a prosecutor’s settling offer deadline is a bluff. Sometimes it is a preference or warning. And sometimes it is an aspiration. When a prosecutor tells me their settlement offer is only open until a certain date before trial, some good responses I have to hold the offer open longer (and preferably through the trial date) can include: (1) my need to have sufficient time to enable my client to make an informed decision on the offer; (2) the importance of my meeting with my client face to face on the matter, which sometimes cannot happen until the trial date if the settlement offer is made very close to the trial date and if my client lives a substantial distance from my office; (3) the importance of my client first seeing the incident video when the prosecutor provides me incident video on the condition that I not copy it to my client.

Will I get a better settlement when appealing a Virginia District Court conviction for a Circuit Court trial?

In numerous instances, I have obtained better settling offers in Fairfax and other courts only after appealing for a de novo trial after a Fairfax conviction. However, in one Northern Virginia county, a prosecutor told me of a policy not to settle cases in Circuit Court after a conviction in District Court. Policies are not always carved in stone. In another Northern Virginia jurisdiction where the prosecution rarely breaks down a Virginia DUI charge to a reckless deal, I obtained just that, but not until the morning that my appealed jury trial was about to start.

Why does your choice of a Virginia criminal defense lawyer matter for the outcome of your trial or settling efforts?

Virginia criminal defense calls for cunning, relevant experience, caring, and sufficient knowledge by your attorney in order to be able to win your trial and to have the ability to be settling your case for a favorable outcome. Fairfax criminal lawyer Jonathan Katz devotes nearly 100% of his law practice to Virginia criminal and DUI defense. Find out how you can pursue your best defense by calling Jon Katz’s staff at 703-383-1100 for your free in-person confidential consultation about your court-pending Virginia prosecution.