Jon Katz, P.C.

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Jon Katz, P.C. Criminal/DWI defense law firm for Northern Virginia. Daily blog at https://katzjustice.com/blog/

Thanks to my recent podcast interviewee Lewis Porter for his review on my Apple podcast page. "I'm a jazz educator, perf...
10/18/2026

Thanks to my recent podcast interviewee Lewis Porter for his review on my Apple podcast page.

"I'm a jazz educator, performer and historian and I was interviewed by Jon, for an episode mostly about John Coltrane. He is a very animated and well prepared interviewer with a very good on-air presence! Great job!"

Government Podcast · Updated Weekly · Welcome to Beat The Prosecution with Fairfax, Virginia criminal defense / DUI lawyer Jonathan Katz. Jon Katz believes in spreading the word of justice on this podcast, in court, and on his blog at htt…

10/17/2026

Capital Beltway traffic made for a 50 minute drive to weekly taijiquan push hands /sparring practice at Cabin John Park, and the ride back-was longer. It was all worth it.

Self discipline is great for exercise and all other worthwhile goals. Incentives help. My incentive to weather the traffic was doing the practice and learning from great practitioners, who today were Shyh-Ching Lo, Steve Han, and David Walls Kauffman. They respectively taught me yielding and attacking, being soft and yielding in the upper body (and expanding our chi from a small area to push), and relaxingly splitting the attack, keeping softness in the upper body (and whole body), and keeping the movement going.

All of this helps with every challenge and disharmony, including seeming time crunches (simplify, reduce less necessary uses of our time , and get plenty of rest), evil and heartless-seeming people (relax and sink our energy into our tan tien, and remember that we do not ger angry at dangerous non-human animals), and dealing with harsh weather, our mortality and all other challenges of nature (harmonize and be with that nature, and see what happens with less unnecessary resistance by us).

10/17/2026

Engage the audience (judge, jury or whomever else). Ignore them at your peril. That point was underlined at the first White House press conference by , who lasted less than a week in her job. She read a lengthy introduction to the press corps close to word for word (without a teleprompter),and then answered only a handful of questions (the ones I heard before turning off the video replay were softball questions about her transition to her job and lessons from her predecessor).

This reminds me of the repeated times when many prosecutors barely budge with plea negotiations, and then bumble at trial. In fact, plenty of prosecutors tell me variations of: "I would prefer to lose at trial than to agree to your settlement offer." Sometimes the language is less pleasant: "I know you're good!" seethed a prosecutor, "but that's the best I am offering for settlement." How did I reply? I won the trial, not out of revenge, but because trial readiness is always essential, and I won.

Once I saw a federal prosecutor -- sitting second chair and not having said anything else during trial -- reading his closing argument word for word to the jury. That is not engagement. That is a talking head. If nothing else, when a trial lawyer looks at their judge, jury, or questioned witness , that can give the lawyer cues about what is working or not, and can lead the listeners to listen more closely, by knowing that the speaker is paying attention, and cares about the listeners, to not be tedious but to keep the talk no longer than needed to make the needed points.

Why do we have live music albums? Merely because it is economical for the performers? Not ideally. The live reactions cue the performers into what is working and not.

Here are excerpts from my latest Beat The Prosecution newsletter, available with back issues at KatzJustice.com/Newslett...
10/16/2026

Here are excerpts from my latest Beat The Prosecution newsletter, available with back issues at KatzJustice.com/Newsletter

Celebrating John Coltrane and friends

“There is never any end…there are always new sounds to imagine, new feelings to get at."- Trane

Musical and creative genius John Coltrane was born one hundred years ago, on September 23, 2026, departing his body in 1967, when I was four years old...

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Approaching the clouds without devices
A drive to the Blue Ridge Mountains from Northern Virginia radically changes the terrain, human population density, and overall feel. This is a great time to meander on Skyline Drive, hike and simply be, when the leaves are changing color and the air cools.

Of course, the traffic increases there during fall foliage weekends, calling for arriving early and moving onto the next trail if concrete and grass parking is unavailable at the first trail...

10/16/2026

Musical and creative genius John Coltrane was born one hundred years ago, on September 23, 2026, departing his body in 1967, when podcast host Jon Katz was four years old.

Criminal defense lawyers and all trial lawyers can learn great lessons from Coltrane, including not to throw in the towel merely because your early efforts do not perform without a hitch, to hear even between the lines and to recognize the multitude of life possibilities that surround us, to remain true to our music and clients and to know that corner cutting is not an option, to integrate our work into our beings rather than seeking a work-life balance that separates the two, and to recognize that great improvisational jazz music is like great in-the-moment trial performance, that integrates persuasive storytelling, scene setting, role playing and reverse role playing.

John Coltrane got hooked on he**in by the 1950's. Additional great jazz musicians who got caught up in drug abuse included Charlie Parker (Bird), Fats Navarro, Bill Evans, and Herbie Hancock. Trane emerged from that dangerous path in 1957, and his 1964 writing for his essential A Love Supreme album underlines the importance of 1957 as a major life turning point for him. Herbie Hancock's autobiography acknowledges his serious mistake in trying crack, which he recognized with his first puff, and then he had to work to break free of that mistake.

Jon Katz met John Coltrane scholar Lewis Porter when Porter taught music and led the bands at Tufts University. Porter found and has played for musicians a recording of Trane from the 1940's, when nothing in that recording foretold the stratospheric musical breakthroughs Trane would make. Trane later said he did not see what Miles Davis saw in him to add him to his band. Miles had a great ability to sense talent, as did Dizzy Gillespie, who at one point added Trane to his own band. Porter references this as talent radar as big ears.

Great cross examination practitioner and teacher -- and criminal defense lawyer -- Larry Pozner underlines that winning cross examination can be taught to lawyers. Maybe that is not as true in teaching musicians, but Trane's example shows that one does not need to begin as a prodigy to jump by quantum leaps later on.

Why are women among a small minority of instrumental jazz musicians recognized as among the best? Professor Porter discusses that in this interview.

Did some jazz greats avoid performing in the segregated South? Miles Davis would not play there. Trane grew up in North Carolina, but apparently avoided performing in the South other than a New Orleans performance as at least one exception.

Two months after the September 1963 bombing murder of three teenage women and one eleven year old girl at the Sixteenth Street Baptist Church in Birmingham, Alabama, Coltrane recorded "Alabama" with his group. Lewis Porter thinks that this instrumental piece's rhythm overlaps with Martin Luther King, Jr.'s sermon after this murder.

Twenty years after starting the project, Lewis Porter published the essential Trane read John Coltrane- His Life and Music. (finally being released this year in E-book format as well.) He has also written books on Lester Young (Prez) and David Liebman, He posts weekly and in depth with some great articles and sounds, on jazz on his Substack Playback with Lewis Porter page.

John Coltrane had his own apt knack for adding great talent to his band, most importantly piano superhuman McCoy Tyner. As Trane's music became more avant garde, McCoy Tyner and Elvin Jones moved on. Trane would not sit still nor rest on his laurels, and was convinced he was in the right musical direction, and he probably was.

With all the great music with which Trane blessed us despite his early passing at forty years old, imagine what his musical legacy would have been had he lived longer. This summonses that great scene from Walk the Line, where a music producer urges Johnny Cash to create a song that he would perform if that was his last day on this earth. That is the best way to live, to defend in court, and to create.

“There is never any end…there are always new sounds to imagine, new feelings to get at. And always there is the need to keep purifying these feelings and sounds so that we can really see what we've discovered in its pure state. So that we can see more and more clearly what we are . . . we have to keep on cleaning the mirror.”

Deeply thanking and bowing to John William Coltrane, September 23, 1926, to July 17, 1967.

Wishful thinking is for fantasy films, but not for your fight for justice against your DUI, felony nor misdemeanor prose...
10/14/2026

Wishful thinking is for fantasy films, but not for your fight for justice against your DUI, felony nor misdemeanor prosecution. At least three things are essential for full preparation before your trial date: Full trial readiness and trial preparation; a strong settlement negotiation strategy, plan and flowchart (where negotiating an immediate or ultimate dismissal is better than a conviction); and preparedness for any sentencing. Numerous potential Virginia criminal defense clients tell me they are seeking a lawyer to get them a great settlement. What do you do, though, if you do not obtain a desirable settlement? Your Virginia criminal defense lawyer will be caught with their pants down if not fully ready for trial, and you will suffer for such non-preparedness. Furthermore, when the prosecutor knows that your attorney is fully prepared for trial, that can lead to more favorable settlement negotiations...

Your Virginia prosecutor has a top boss who is either an elected official / commonwealth's attorney, or a lawyer hired by a municipality to prosecute General District Court misdemeanors. Both are political situations and do not favor wishful thinking by you. An chief prosecutor might find it easier....

10/13/2026

One day, I appeared for a Virginia DUI bench trial before a judge in a rural county, who is at once nice and does not often say "not" before guilty. I successfully objected to testimony and evidence about the breath testing result of my client, because the breath technician did not follow the state procedures manual to perform an advance inspection of checking the subject's oral cavity for foreign substances at least twenty minutes before commencing post-sentencing breath testing. Foreign substances in the mouth can trap alcohol, when the machine is supposed to be testing for lung alcohol and not mouth alcohol.

Based on this evidentiary victory, I suggested to the prosecutor to move settlement negotiations more favorably to the defense side. He declined, and replied that he was going to win anyway. I continued with the trial with fully persuasive fighting energy. Nonetheless, the judge convicted my client, and gave him a fair sentence, for that conviction, with no active jail.

Both the prosecutor and I knew the judge's high conviction rate. I asked myself how this prosecutor will fare if he becomes a criminal defense attorney, having looked very complacent about this judge's low acquittal numbers. Many former prosecutors claim the importance of hiring a former prosecutor for one's criminal defense. But why? Plenty of prosecutors are not comfortable defending the accused, whereas I love it. Prosecutors get limited cross examination opportunities (criminal defendants usually assert their Fifth Amendment right to remain silent, and often do not call witnesses), whereas cross examination is a main part of a criminal defense lawyer's trial practice. Prosecutors often get convictions even when making cookie cutter presentations, whereas the defense usually needs to be incisive and creative to obtain an acquittal.

A former prosecutor who later became a leading First Amendment defense lawyer once described his prosecutor days as an easy job. Yes, the job can be made easier than otherwise with the option to dismiss cases and settle them favorably. However, a prosecutor needs to spend the time to determine whether a prosecution should proceed in the first place, whether the prosecution witnesses are credible, whether the police investigation was flawed, and whether the settlement proceedings are fair. None of that makes for an easy job, and criminal defense certainly is not an easy job.

Military law expert Eugene Fidell wisely presents the reasons not to publicly execute Nidal Hasan, who admitted to the F...
10/12/2026

Military law expert Eugene Fidell wisely presents the reasons not to publicly execute Nidal Hasan, who admitted to the Fort Hood massacre and got sent to death row for it. https://youtu.be/j8Vn-irSOr4

Gene and I served for an pverlapping time on the DC-area ACLU affiliate board, in the early 1990's. He is at once brilliant and a truly kind person.

A US military law expert has criticised plans to livestream the sch...

I will here save you time figuring out how to block ads from showing on the YouTube videos you post. Google's website (t...
10/12/2026

I will here save you time figuring out how to block ads from showing on the YouTube videos you post.

Google's website (the owner of YouTube) and the following YouTube posting confirm what I learned through extensive checking, trial and error, that you cannot remove ads on the YouTube videos you post, unless you become a Google partner, which requires spending at least $10,000 quarterly for Google advertising and apparently stringent non-monetary requirements https://business.google.com/us/support/become-a-partner/

Here is the video on this topic- https://www.google.com/search?q=youtube+not+enable+blocking+all+ads+on+your+youtube+channel&ie=UTF-8&oe=UTF-8&hl=en-us&client=safari =ive&vld=cid:1047f05a,vid:jtW5iCL3UXc,st:0

You can opt out of any requests you made to
have ads show on your YouTube videos. Plenty of people want to earn money from YouTube ads. Not I. Fortunately, I only count two of my YouTube videos that show ads.

I do not want ads on the YouTube videos I post. What is my solution? Do Vimeo
or other platforms enable my posting videos that will not show ads?

Join the Google Partners program for access to advanced tools, exclusive perks and dedicated support. Become a Google Partner today.

10/12/2026

Happy Indigenous People's Day.

This is the only federal holiday on which my office is open, because Christopher Columbus did not discover America, and I believe that observing a Christopher Columbus day dishonors Native Americans.

So as not to take away a paid day off to my staff today, my staff gets an extra paid day off to use any other day of the year.

Address

10509 Judicial Drive, Ste 101
Fairfax, VA
22030

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