Trial ability is essential, says Fairfax criminal lawyer

Trial ability (TA), experience, and killer instincts are essential for your Virginia criminal defense lawyer. As a Fairfax criminal lawyer, I know that many criminal defendants want (or think they want) an attorney who is a masterful negotiator. I say that ideal is to have a lawyer who is both a masterful negotiator and is masterful at trial persuasion before judges and jurors. Popularity and slick talk do not get you the case settlement (ideally an immediate dismissal or eventual dismissal, followed by the gradations of a reduced charge or else a favorable sentence) you want. Great negotiations come from being backed up by the threat of trial readiness, with patience and diplomacy to negotiate on the parties’ goals versus positions (even when the Virginia assistant commonwealth’s attorney/ prosecutor at first goes in the positional direction), and without letting emotions get in the way (which means always keeping the criminal defendant’s interests first and foremost, and not being easily able to get one’s ego bruised, let alone not working to nurse any bruised ego). Without the threat of trial readiness, your lawyer is like a wet noodle or a mere puff of air. Moreover, plenty of prosecutors in plenty of Virginia counties have directives or mandates from their chief prosecutor or deputy prosecutors to either not cross certain negotiating lines, or to rarely cross them. If you obtain an attorney who is skilled with negotiating but mediocre (or worse) doing trials, are in big trouble if your case does not settle for what you want and if you need to proceed to go to trial.

Is it better to have a Virginia criminal lawyer who is known for great trial ability, or who springs like a tiger when the prosecutor least expects it?

A great civil trial lawyer whom I know does not want his opponents to know how great he is, lest they prepare all the more for trial by knowing his trial excellence. That might be more the case in his professional world, but in criminal defense the federal prosecutors are expected to be well prepared no matter what, and the state level prosecutors in Virginia only have a certain amount of time to put in extra preparation for trial merely because they know of the criminal defense attorney’s great trial ability. When prosecutors know the threat of a possible acquittal / not guilty verdict to be won by your lawyer, that helps with settlement negotiations. When your case does not settle, that gives you and your lawyer a chance to win at trial. If you win at trial, that is cause for celebration. In the case of a possible conviction, be sure that you and your attorney are prepared for sentencing well in advance of that event, and that you know your options to appeal well in advance.

The magic of your remaining a united unflappable front with your Virginia criminal defense lawyer

Do not expect a nice prosecutor nor judge in your case. If they do act nice, do not expect them to stay that way. If they are nice and stay that way, do not expect they will perform poorly in court. Never underestimate your opponent. Make sure that your Virginia criminal defense lawyer is a worthy advocate in your case, with excellent trial ability, who will not get distracted nor sidetracked by prosecutorial shenanigans nor by scowling nor even hollering judges. When the judge sees that hollering does not rattle your attorney, the judge will probably back off, at least some. When the prosecutor sees that his or her attempts to intimidate you and/or your lawyer are like water off a duck’s back, they might stop wasting such energy, and if they persist in that fashion, that can backfire in their faces in front of a jury and jury.

Responding to distastefully-talking prosecutors by simply winning

One day when the Fairfax prosecutor’s office was headed by a commonwealth’s attorney who was less flexible on Virginia DUI settlement negotiations than today’s administration (which still does not automatically offer great deals; such deals need to be earned, and are not automatically obtainable), I was unable to negotiate a reckless driving plea from an original DWI charge. My client had no reason to accept the prosecutor’s Virginia DUI plea offer, because that was destined to be his sentence had we proceeded to trial and lost. With very poor judgment, a few minutes after I told him that my client had rejected his plea offer, the assistant commonwealth’s attorney invited me to sit down to talk with him, when he proceeded to complain to me about how having a trial was wasting his time. I could have told him what was really going on in my mind, which is that he was talking like a fascist who did not care about the right to avoid a conviction unless and until the prosecution proves the defendant guilty beyond a reasonable doubt. I could have even reminded him that there would be no trial by settling for reckless driving with agreed terms and conditions (but that defense offer had already been articulated as a given). Instead, I smiled, walkeda away from him and his blather, and continued keeping my eyes on the prize of my trial ability and an acquittal, which I obtained. In another instance, a prosecutor seethed at me on the trial date that “I know you’re good, but I am only offering for your client to plead guilty to the lead count.” I got an acquittal. In another instance, amazingly, the prosecutor was so confident that he would obtain a DWI conviction against my client, that he released his breath technician before trial started (perhaps thinking that this judge was sure to still convict), and the judge instead split the difference at the end of trial and convicted my client of reckless driving (in the days before the Virginia Supreme Court ended up barring judges from making such an amendment on their own).

Does your Virginia criminal lawyer feel like being in a playground in court?

Virginia court is my playground as a Fairfax criminal lawyer, where I know that anything can happen, running from fair-playing prosecutors to those who will try to throw dirt in the eyes, police who try to intimidate defendants, and judges who seem to have ice in their veins (whether they do or do not, and Fairfax has more judges today than ever who speak and act with a better judicial temperament than numerous of their predecessors). I thrive on fighting, skillfully and with full trial ability. My first fistfight was early in grade school. My first verbal jousting (successful, at that) with a teacher came not long after. I love the martial arts sparring that I regularly practice. I went to law school intent on doing great in trials. Trials are not some sort of rarefied gentleperson’s exercise, but instead are a gladiator fight that I relish.  I most of all welcome winning for my clients.

Fairfax criminal lawyer Jonathan Katz relentlessly fights for your best defense against Virginia felony, misdemeanor and DUI prosecutions. Discover the successful firepower that Jon Katz can bring to your defense with your free in-person, strictly confidential consultation about your court-pending case. Usually Jon can meet with you withing a business day of your contacting us to schedule your meeting with Jon at 703-383-1100, Info@KatzJustice.com and (text) 571-406-7268.