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sufficiency of evidence

Virginia criminal defense — Mere stating of sexual desire cannot get a conviction for soliciting a minor for sex

June 21, 2017

A conviction for soliciting a minor for sexual activity can bring harsh sentencing. Va, Code § 18.2-374.3. In an unpublished 2-1 opinion, Virginia's Court of Appeals on May 30, 2017, reversed Mark Murgia's conviction under said statute, because as disgusting as his words were to a...

Virginia criminal defense- Court of Appeals on stalking

February 16, 2017

As much as I relish my role as a criminal defense lawyer, that does not deny that we have people in the world who can scare the crap out of others, to say the least. Ironically on Valentine's Day, the Virginia Court of Appeals affirmed...

Very impressed by his experience, expertise and the efforts he takes to remain on the cutting edge of his legal specialty
I saw Jon present at a national educational seminar last month. I was very impressed by his experience, expertise and the efforts he takes to remain on the cutting edge of his legal specialty.
Tim Semelroth
Source: Google
Very supportive, and his knowledge and courage is immeasurable
Mr. Katz is a very professional and excellent lawyer. I had my charges dismissed in the first session. Jon is very supportive and his knowledge and courage is immeasurable. He worked on my case alongside and helped me getting the best outcome. I couldn’t think of anyone but him for my case and I highly recommend him for all who are looking for a exceptional lawyer.
JP
Source: Google
He has a long record of success - and I am happy I made that choice.
Jon was able to negotiate a settlement with the prosecutor that was initially a plea to a lesser charge; then a dismissal of that charge, without admission of guilt, and without conviction . He also negotiated several thousand dollars in fines, down to only paying a one hundred dollar court cost. This result was quite a lot more than I had thought possible. Jon had settled a case that potentially would lead to serious jail sentence – down to essentially no serious penalty at all. This is what Jon did:
1. Over multiple weekly phone conversations, he interviewed me about all relevant factors of the case.
2. He aggressively sought and obtained – thru “discovery”, and “Brady” — multiple bodycams from arresting officers. He spent about 12 hours reviewing these videos carefully. He used the term “inside the four square corners”. This was a term that reflects a careful search for precisely what was used by police to obtain consent to search, and all aspects of the arrest – and if the provided video evidence supported or challenged – the eventual charges. He carefully looked for any details from the scene, or from dialogue, that were exculpatory.
3. He assigned me multiple tasks, beginning on day one – that forced me to focus on the charges, weigh my culpability, and make strong behavioral changes that may possibly indicate to prosecution that I recognize the problems I have created, and am taking direct actions to counter the damage I have done- and obviate future injury or harm. This was additionally helpful because it provided me with a sense of some control over my situation.
4. He spoke to me on numerous occasions, by phone, to give a detailed plan for my defense. He informed me in a firm but also supportive way – seeking my consent – and he was realistic – but also allowed some hope and dignity for the position I was in.
5. He did an extensive literature and case review to find any prior cases that could act as precedent in my case. He was able to find a recent, high profile case, that was settled in a Virginia Court. Its main elements were similar to mine. Jon obtained the transcript of the cross-examination in that case. When Jon had reviewed those elements, he was then able to hire an expert witness who could address the discovered vulnerabilities.
6. Jon showed an extensive knowledge of case law. He also showed expertise in the plea negotiation process.
7. The day of trial, Jon was able to show the prosecutor, and the judge, that he was prepared to offer a methodically laid out defense, with recent precedent, and expert testimony. Also, he was able to present me in a context a little broader that just a person attached to these charges. He showed this event in a broader sense of my life, and convinced the judge that I had taken steps to correct my problems, and that I had been of service to society for many decades. He presented what I believe to be an accurate and FAIR assessment of my situation.
I can look back over the past several months since I hired Jon. It started as a google search for “Best Virginia Lawyer”. The first search results, at the top of the page- I knew these were paid advertisements. I generally skip these ads, trying to find the most accurate reviews. But – and I am happy I did – I also reminded myself that these ads are PAID FOR and whoever is paying for the ads likely IS SUCCESSFUL , so I gave Jon a shot.
He has a long record of success – and I am happy I made that choice.
Anon.
Source: Avvo

sufficiency of evidence

Virginia criminal defense — Mere stating of sexual desire cannot get a conviction for soliciting a minor for sex

Virginia criminal defense- Court of Appeals on stalking

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