Jon Katz, P.C.

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

06/16/2026

Settling criminal cases involves backing up negotiations with full trial readiness, mastering the art of negotiation, timing, sensing bluffs, calling bluffs, and checking for weaknesses in the prosecutor’s case. Plea and settlement negotiations can sometimes be like brinksmanship, as to whether to settle, when to settle, and how to settle. In Virginia, the best settlement is an outright dismissal that will not be followed by being recharged or by being charged with additional offenses. The next best settlement can be a satisfaction and discharge / accord and satisfaction under Virginia Code § 19.2-151 when that is applicable for your Virginia misdemeanor offense, if the alleged victim is a private party. The next best settlement often is a dismissal with a not guilty plea under Virginia Code § 19.2-298.02 (so long as the terms and conditions are sufficiently favorable). Following that would be a settlement for a less serious charge than the one for which you are prosecuted...

https://katzjustice.com/settling-virginia-criminal-cases-fairfax-lawyer-comments/

06/14/2026

Thanks to my colleague Andi Geloo for her efforts to remove the name Harry Carrico from Virginia's mandatory lawyer professionalism course and award of the Virginia State Bar. Thanks also for Andi's article that quotes the views of two in*******al public defenders. One wrote the bar's Standing Committee on Professionalism: "'The video shown at the beginning of the course glorified Justice Carrico without acknowledging some of his very deep faults....'" Another wrote to the Bar: "'As a child of a mom who is white and a dad who is black, I would not be here if Judge Carrico's views had been upheld. I would not be an attorney helping serve Portsmouth's indigent population. Everyone as members of the bar should be promoting diversity and inclusion and the name of this course does the exact opposite.'" Andi reports that "the committee emailed... to say it had discussed the matter privately and declined to change the name."

https://richmond.com/opinion/column/article_c34d8c45-acc9-4c43-9595-1c01919a25d3.html (When I took the mandatory course, Carrico was still state chief justice, and spoke in person (with no video running), before I knew of his involvement with Loving.)

The committee may have dismissed the matter, but cannot dismiss this being pilloried in the court of public opinion. Here is where you can make a difference, including to tell the Virginia Bar https://VSB.org that it is bad enough to have judge Carrico's name on the professionalism award, but even worse to have his name on the professionalism course that all Virginia lawyers are required to take, sending the wrong message about racial justice. Here are talking points from my 2025 dissenting letter to the Virginia Supreme Court: https://katzjustice.com/wp-content/uploads/Justice-Goodwyn-Letter.pdf

Judge Carrico could say all he wanted that stare decisis of state supreme court opinions was going to be followed. He could say all he wanted that the federal Supreme Court "had made no decision at variance with an earlier holding by the Tenth Circuit Court of Appeals in Stevens United States, 146 F.2d 120, that 'a state is empowered to forbid marriages between persons of African descent and persons of other races or descents. Such a statute does not contravene the Fourteenth Amendment.'" Carrico further wrote: "A decision by this court reversing the Naim case upon consideration of the opinions of such text writers would be judicial legislation in the rawest sense of that term. Such arguments are properly addressable to the legislature, which enacted the law in the first place, and not to this court, whose prescribed role in the separated powers of government is to adjudicate, and not to legislate." Loving v. Com., 206 Va. 924 (1966), reversed by 388 U.S. 1 (1967).

When the matter finally came before the federal Supreme Court, SCOTUS unanimously invalidated laws against in*******al marriage. https://law2.umkc.edu/faculty/projects/ftrials/conlaw/loving.html

I encourage you to urge the Virginia State Bar to remove judge Carrico's name from the mandatory professionalism course, and award.

This case presents a constitutional question never addressed by this Court: whether a statutory scheme adopted by the State of Virginia to prevent marriages between persons solely on the basis of racial classifications violates the Equal Protection and Due Process Clauses of the Fourteenth Amendment...

06/14/2026

When I started as a criminal defense lawyer, I met a colorfully confident lawyer named Victor Crawford, whose practice included criminal defense, and who also had been a state senator, lobbied for big to***co, but then switched sides after his years of smoking led to cancer. He was around long enough to have told me his insights about Spiro Agnew.

Whether he recognized my interest in East Asia or not, Vic mentioned his taijiquan practice, and that did not resonate much more for me than the humorous scenes of the taijquan-practicing uncle in Peter Wang's "A Great Wall".

Three years later, feeling unsettled, I called up Vic and asked him to recommend a taijiquan teacher. He more than answered by sending me pamphlets for several teachers -- before we were using the Internet -- with a handwritten message on his senate note paper that I was about to open incredible doors. What an understatement.

Fast forward to today, over thirty years later. By now, when doing it right, I perceive of every challenge as akin to taijiquan push hands / sensing hands sparring, where challenging circumstances and people call for powerfully relaxing from being pushed, readjusting to center, and relaxing when issuing any response.

I owe a big debt to Victor and Leonard Kennedy, a lawyer who was one of my first taijiquan teachers.

My great early taijiquan teacher Leonard Kennedy on not getting angry at tailgaters nor anyone else. Len found this path...
06/14/2026

My great early taijiquan teacher Leonard Kennedy on not getting angry at tailgaters nor anyone else. Len found this path even when working as CFPB general counsel, Sprint's top lawyer and as a corporate law firm partner.

How to avoid getting angry at a tailgater, a line cutter, or worse....

06/14/2026

I do daily taijiquan martial arts practice for my overall well being, including performing better for my clients. I practice taijiquan sparring / pushing hands at least monthly. I love this daily practice. It is never a chore. We must powerfully relax with push hands and when pushed, with all of taijiquan and with all of life. Treating all of life's curveballs like push hands is of great benefit, including dealing with bad mouthers, tailgaters, assailants and cheats.

One day, I told a taijiquan sparring partner that I would walk away if he kept using so much hard energy, when powerful softness is essential to taijiquan achievement, and when part of our advancement comes from pushing /sensing hands with those who are not using hard energy. Nonetheless, because many people with whom I have challenges use hard energy, at least from time to time I should, at least sometimes, be willing to push hands with taijiquan players who use too much hard energy.

Get my weekly Beat the Prosecution newsletter at https://katzjustice.com/newsletterHere are excerpts from the latest edi...
06/12/2026

Get my weekly Beat the Prosecution newsletter at https://katzjustice.com/newsletter

Here are excerpts from the latest edition:

Close encounters of the unexpected kind
..One of my favorite Twilight Zone episodes is about a simple-seeming but clairvoyant seller of knickknacks, who at the precise right time hands people inexpensive items (for instance, a bus ticket or a stain remover) as gifts, saying “It’s what you need”, with the item’s leading to the recipient’s making a major interpersonal connection. Maybe this singing bowl store owner who long ago played beautiful sounds, told me about breaks from reading mass media, and talked of not having security cameras, was my own clairvoyant for the day, there to remind me to delight in the moment and the music, to declutter from the data jumble of newspapers and more, to decompress from the week of working for corporate clients at my first law firm, and to take a risk at being more trusting of others...

___

Winning with resilience while ready for danger- Fleet Maull

Dharma teacher Fleet Maull does not candy coat his prison experience. He points out the racial disparities in the criminal "justice" system, his adjustment to having the people he was imprisoned with as his "brothers and sisters" while there, six run-ins with other inmates that could have taken an awful turn (and many more minor run-ins), the importance of not being passive nor too aggressive in conflict situations, and knowing that people could walk in through an inmate's unlocked cell door and even kill them. More about his prison experiences is in his great Dharma in Hell...

https://www.youtube.com/watch?v=fi33kl8qIFQ

Fleet Maull https://www.fleetmaull.com inspires Fairfax, Virginia, ...

06/11/2026

Plenty of times during college I would drive after drinking at a bar. My mistaken thought was that it is unlawful to drive drunk, but not to drive buzzed, so that is where I would draw the line.

I never got stopped by police after drinking. These days, the police stop more aggressively because it is easier for prosecutors to obtain a DUI conviction today then the state of the law when I was in college.

All of this alone makes me feel like I am serving my constituency when defending a person charged with driving under the influence of alcohol or drugs. Such an approach removes me from making any judgment and keeps me in the full figthing mode. I extend this non-judgement to all my clients.

06/11/2026

Fleet Maull https://www.fleetmaull.com inspires me for his extensive experience applying mindfulness with highly challenging situations, making the most of his fourteen years in prison for a drug conviction, and emerging from prison continuing to help inmates and by now helping so many people beyond those in the criminal justice system https://www.prisonmindfulness.org/, with resilience while ready for the dangers that can lurk around the corner. (Check out this month's free online Somatic Healing Summit, where Fleet will be talking https://www.somatichealingsummit.com/.)

When I first met Fleet over ten years ago at a weekend program that Fleet was leading, Fleet included a great exercise that underlined that we can treat circumstances as neutral, which does not mean the absence of plenty of terrible world events, but that "we, not circumstances, are in charge of our lives and destiny." Radical Responsibliity, by Fleet Maull. Fleet also is great leading guided meditation, which he does early in this podcast episode with a few-minute sit. Fleet was trained in-depth in mindfulness at Naropa Institute (which became Naropa University) before getting convicted for alleged drug trafficking that apparently had taken place a good amount of time before being prosecuted.

Fleet spent fourteen years in federal prison. No matter how much of a chunk of his adult life that represented, at least he avoided the even more draconian federal statutory criminal sentencing increases that took hold not long after he got convicted.

Fleet does not candycoat his prison experience. He points out the racial disparities in the criminal "justice" system, his coming to terms that the people he was imprisoned with would be his "brothers and sisters" while there, six run-ins that could have taken an awful turn (and many more minor run-ins), the importance of not being passive nor too aggressive in prison, and knowing that people could walk in through an inmate's unlocked cell door and even kill them.

Fleet made the best of his prison situation. Helped other inmates along the way, and emerged from prison -- whether immediately or later -- a ball of positive energy and inspiration. This Beat the Prosecution interview with Fleet Maull is riveting.

This podcast interview is available at https://www.youtube.com/watch?v=fi33kl8qIFQ and also audibly at https://podcast.beattheprosecution.com/2293867/episodes/19329285 and on Apple podcasts https://podcasts.apple.com/us/podcast/winning-with-resilience-while-ready-for-danger-fleet-maull/id1721413675?i=1000772153117

Lost exculpatory evidence is a real risk in Virginia prosecutions. As a Fairfax criminal lawyer, I know that many if not...
06/10/2026

Lost exculpatory evidence is a real risk in Virginia prosecutions. As a Fairfax criminal lawyer, I know that many if not all law enforcement agencies / police departments in the commonwealth have video retention and deletion policies and practices, starting with something as exasperating as not preserving all dashcam video footage, rather than saving the first minute or two of what was recorded starting from before the police officer activated their emergency lights or sirens. (The latter deletion practice makes all the less sense when considering that many law enforcement officers (LEOs) follow a motor vehicle for a substantial amount of time before effectuating a stop, for instance to reduce the chances of a judicial finding of a stop without federal Fourth Amendment reasonable suspicion (also known as reasonable suspicion (RAS)) to stop the car (by first waiting for the driver to commit multiple moving violations) and/or to present possibly egregious driving behavior to support a prosecutorial argument of a lawful arrest with probable cause to believe that the driver had violated the commonwealth’s DUI law, under Virginia Code § 18.2-266...

Lost exculpatory evidence addressed by top-rated Fairfax criminal lawyer Jon Katz pursuing your best defense against prosecutions

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