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Winning by settling for a great outcome- Jon Katz on negotiating
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Fairfax criminal defense lawyer Jonathan Katz knows that acquittals are great and often exhilarating, but trials can also bring risks. On this Beat the Prosecution episode, Jon Katz talks on his own about the art of obtaining favorable plea or settlement deals, which need to be backed up by the threat and strength of trial readiness.
Settlements can only be earned, but are never owed to a criminal defendant. Many Virginia criminal and DUI defendants expect to be offered a plea deal, and want it to be a desirable plea deal. However, nothing in the law requires a Virginia assistant commonwealth’s attorney (prosecutor) to make a plea offer, nor for the accused to do anything other than proceed to trial. Jon Katz's parallel blog entry on this subject illustrates one of his successful plea negotiations that can be of help to you as a criminal defendant and your Virginia criminal defense attorney. With this settlement, we started out with a Virginia DUI / driving under the influence of alcohol prosecution alleging a blood alcohol concentration (BAC) over 0.20, which carries a mandatory ten days in jail. Jon reached an impasse with the prosecutor about going lower than the mandatory minimum five days in jail for a reduced BAC in the 0.15-0.20 range.
Jon asked the prosecutor if he had read Roger Fisher’s and William Ury’s Getting to Yes on negotiated settlements, which emphasizes negotiating on goals versus positions. The impasse continued. Jon transcended the impasse by standing up, calling out the names of the two lead police officers in the case, telling them the great self improvement his client had pursued, explained why the defendant's livelihood was at stake from the prosecutor’s plea offer, and asked them for ideas on how this case could be settled without active jail. Without missing a beat, the arresting officer suggested three years of the ignition interlock device. The prosecutor went along with that, adding to complete forty-five community service hours...
Fairfax criminal lawyer Jon Katz pursues your best defense against Virginia criminal & DUI prosecutions. Call us at 703-383-1100 or [email protected] to obtain your free in-person confidential consultation with Jon about your court-pending prosecution.
This podcast with Fairfax, Virginia criminal / DUI lawyer Jon Katz is playable on all devices at podcast.BeatTheProsecution.com. For more information, visit https://KatzJustice.com or contact us at [email protected], 703-383-1100 (calling), or 571-406-7268 (text).
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