Virginia prosecutors are not your friends, underlines Fairfax criminal lawyer

Virginia prosecutors not your friends when you are a criminal defense lawyer. Anyone who tells you otherwise is offering a bill of goods to be avoided like the plague. Even the Fairfax commonwealth’s attorney’s office and other Northern Virginia prosecutor’s offices claiming a progressive bent have their own agenda that is different from yours. Now more than two years after new reformist-claiming chief prosecutors took control of all Northern Virginia commonwealth attorney’s offices, I have seen firsthand that their offices might more often proceed with human faces than their predecessors, but sometimes those human faces are more window dressing than helpful.

What do I do to counteract the might and countercurrent of Virginia prosecutors?

To make sure you are pursuing your own agenda and not that of Virginia prosecutors, make sure you obtain a qualified criminal defense lawyer, and confirm that your lawyer will not be fully devoted to your liberty, cause and defense. A great Virginia criminal defense always starts with being fully trial ready Even if you are averse to a trial and want to pursue all avenues to a favorable plea deal, remember that prosecutors act out of the interest of their offices, and not the interest of the defendant. When a criminal defense lawyer is fully trial ready, it becomes a necessary part of the prosecutor’s agenda to recognize that battle ready ability and posture of the defense, and to start to play on the defendant’s playing field. I have heard a colleague come close to sounding like he was begging the prosecutor for a favorable plea deal for his client. Doing so simply lets the opponent smell blood. Being well armed lets the opponent know that the criminal defense lawyer is ready to draw proverbial blood in fighting for the accused, as it should be.

If my lawyer prepares for trial victory, do I lose out on options for negotiating my case?

The answer to the above question is actually the opposite with Virginia prosecutors. When the prosecutor and police officer see that you and your client are unflinching in your readiness for the trial, that forces them to be more realistic about the strengths and weaknesses of their case, and yours. Just recently, I made clear to the prosecutor that no plea offers were coming from my client and that we were ready for trial. The case police officer then piped up trying to engage me in why my client was demanding a trial. My client was already resolved to proceed to trial, so my engaging the police officer did not look like it would provide much or any help.

What if my Virginia judge rejects the written plea agreement between my lawyer and the prosecutor?

The above question underlines how vital it is for your criminal defense lawyer to be fully prepared for trial in the face of Virginia prosecutors. If you show up for your sentencing date and the judge rejects any agreed-upon sentence reached by the defense and Virginia prosecutor, then the defense already has its Plan B available to go to trial. If enough criminal defendants scheduled and proceeded to trial (rather than to plea), that would help send the criminal court system to a grinding halt.

Fairfax criminal lawyer Jonathan Katz pursues your best defense against Virginia criminal and DUI (prosecuted under Va. Code § 18.2-266), prosecutions. Get your free confidential in-person consultation with Jon Katz about your court-pending case, by calling 703-383-1100.