Winnable is your Virginia DUI case, says Fairfax criminal lawyer

Winnable is your Virginia DUI case. As a Fairfax criminal lawyer, I say that no matter how optimistic or not you are about that winnability. Victory does not come from wishful thinking, carrying a lucky charm, nor other superstition, but starts with obtaining a great lawyer who knows how to defend against DWI charges and who will fully fight for you. In the last two months, my Beat the Prosecution podcast guests have included three great DWI defense lawyers from various parts of the nation, all very active with the National College for DUI Defense (of which I am a member), to address knowing the science, law, evidence and arguments to make; dismantling the other side’s case; and being the lawyer of crediblity showing the judge and jury the path to making the right decision of an acquittal. Those interviews are at the following links with Donald Ramsell, Andrew Mishlove, and Lenny Stamm.

Welcoming an acquittal reached for unexpected reasons

All of the three foregoing DUI defense lawyer masters recognize that judges are generalists, jurors are fish out of courthouse waters, and even the most challenging-seeming cases are winnable. As a result, your Virginia DWI lawyer needs to be the voice of credibility that helps show judges and jurors — in an engaging, respectful, caring, and non-condescending and non-manipulative way — what needs to be considered and highlighted for them to follow their oath and obligation in deciding the case. Your Virginia criminal defense attorney cannot persuade by coercion, begging, nor slickness, but by being fully prepared, by making the best possible presentation and argument about each essential point, and by helping to make the task at hand more approachable and less unnecessarily stressful of viewing and assessing the evidence at hand (including assessing witness credibility and making assessments and conclusions about the evidence) and understanding and applying the law to the evidence.

Will the judge or jury rule in my favor even for reasons that do not make sense?

A Virginia criminal acquittal is not appealable by the prosecution. Consequently, any reasons that your judge or jury apply for finding you not guilty still get you the victorious result you want for your winnable case. To this day, one of my most favorite acquittals reached for unexpected reasons is when the judge ruled my Virginia DUI client not guilty because the judge was not convinced that my client did not consume alcohol from the unsealed liquor bottle in his passenger seat between the short time interval between the police officers’ stopping my clients’ car for a moving violation, and approaching his window. There was nothing in the police video indicating that my client reached over for that bottle during that interval. Clearly, I was entirely delighted with this acquittal, as with all of them.

Appealing to jurors’ pride in being American for making your case winnable

Midwest DUI defense lawyer Don Ramsell works in a conservative community. At first blush, one might expect conservative people to be all about law and order and supporting police, and making winnable cases more challenging. Don still obtains acquittals by appealing to jurors’ support for the criminal justice system, which includes the presumption of innocence for defendants, and the prosecutor’s inability to obtain a conviction without proving guilt beyond a reasonable doubt. Don analogizes his persuasion of jurors as being like the entertaining tourguide who makes sure that the prosecutor does not distract the jurors from considering the reasonable doubt in the case.

Winning through positivity and showing that the defense is advocating for justice

All three of my foregoing podcast guests are great on pursuing justice and winnable outcomes for DUI defendants by showing the judge and jury with positivity that they are advocating for justice and showing that path. Andrew Mishlove and I both attended the Trial Lawyers College different years, and he weaves in TLC approaches of storytelling and scene re-enactment. In his podcast interview with me, Andrew wonderfully talks about making the jury the hero of the story and the MacGuffins that are the guideposts towards an acquittal. Lenny Stamm pursues methodology, cunning and revelation in working for acquittal for his clients. He is like one’s trustworthy and reliable next door neighbor talking like just folks about why reasonable doubt exists, and therefore why an acquittal is necessary. All these three podcast guests are very generous of their time and devotion in sharing what they know with their colleagues, to help more DUI and criminal defendants obtain justice in court.

Fairfax criminal lawyer Jonathan Katz pursues your best defense against Virginia felony, misdemeanor and DUI prosecutions. A great start to your criminal defense can begin with your initial strictly confidential in-person free consultation with Jon Katz about your court-pending prosecution, at 703-383-1100, Info@KatzJustice.com and (text) 571-406-7268.