Jon Katz, P.C.

05/29/2026

Winning as the jurors' trustworthy & entertaining tourguide- Donald Ramsell

Jurors and others do not get persuaded by brute force, badgering nor begging. Often a criminal defense or other trial lawyer obtains traction by putting themselves in the shoes of the thirteenth juror. When my teacher Gerry Spence was on his road to obtaining an acquittal for Geoffrey Fieger, he reportedly one day walked along the jury rail sweeping his palm alongside its top, as if erasing the barrier between him and the jurors.

My guest on the latest Beat the Prosecution podcast episode is Wheaton, Illinois, DUI defense lawyer Donald Ramsell. Don does not have the winning charisma of Gerry Spence, but charisma is not mandatory to persuade jurors, as demonstrated time and again by my teacher Steve Rench, who incorporated methodology into winning. Steve was the yin to Gerry's yang, with both at the Trial Lawyers College for at least its first three years. Don synthesizes that methodology with a singleminded drive for knowing and incorporating the essential science, evidence, law, and the persuasive tasks at hand.

Don fashions himself as the entertaining tourguide, showing the jurors the path to help them fulfill their oaths, and hopefully delivering an acquittal. Don paints the counterpoint of the uninteresting prosecutor attempting to dissuade the jury from the reasonable doubt that bombards the courtroom walls.

Listen as Don talks about a police employee who descendrd to his home's basement -- rather than a sterile lab -- disastrously to manufacture the simulator solution control mechanism for breathalyzer machines, and how Don successfully stymied the blood THC testing regime in Illinois.

Don aptly talks about letting judges know that when they do not rule on all fours with the law, Don appeals often enough that they may get reversed. Plenty of Don's appeals are pro bono, to advance legal arguments that will assist his other clients.

To boot, Don -- like so many of his National College for DUI Defense colleagues -- generously shares his know-how and wisdom with DUI defense colleagues. Through that generosity, I met Don when I attended an NCDD-sponsored training for lawyers on administering field sobriety testing to people who have consumed alcohol, with the teaching led by Anthony Pallacios, one of the nation's leading instructors of FSTs to police officers.

Don obtains acquittals in his conservative jurisdiction in part by appealing to jurors' belief in our nation's criminal justice system, which of course includes the presumption of innocence and the burden of the prosecution to prove a criminal defendant guilty beyond a reasonable doubt. Don talks persuasively as just folks, and as the real McCoy.

This interview with Don Ramsell is available on audio podcasting https://podcast.beattheprosecution.com/2293867/episodes/19257325 and YouTube https://www.youtube.com/watch?v=VF1YYZI1tR4

05/29/2026

Excerpts from the latest Beat The Prosecution Newsletter. The full version is available for a complimentary subscription at KatzJustice.com/Newsletter

Winning as the jurors' trustworthy & entertaining tourguide- Donald Ramsell
Jurors and others do not get persuaded by brute force, badgering nor begging. Often a criminal defense or other trial lawyer obtains traction by putting themselves in the shoes of the thirteenth juror. When my teacher Gerry Spence was on his road to obtaining an acquittal for Geoffrey Fieger, he reportedly one day walked along the jury rail sweeping his palm alongside its top, as if erasing the barrier between him and the jurors.
My guest on the latest Beat the Prosecution podcast episode is Wheaton, Illinois, DUI defense lawyer Donald Ramsell. Don does not have the winning charisma of Gerry Spence, but charisma is not mandatory to persuade jurors, as demonstrated time and again by my teacher Steve Rench, who incorporated methodology into winning. Steve was the yin to Gerry's yang, with both at the Trial Lawyers College for at least its first three years. Don synthesizes that methodology with a singleminded drive for knowing and incorporating the essential science, evidence, law, and the persuasive tasks at hand...

See the full interview on YouTube https://www.youtube.com/watch?v=VF1YYZI1tR4
---
Being open to the wonders around the corner
A big part of winning in court and with persuasion, and with living a fulfilled life, are being ready for the wonders around the corner. Granted, feelings of boredom and discomfort might intervene between such events, but when they arrive, it can hit like a wonderful firestorm.

Such experiences recently centered around the return of my son and me this past weekend to the C&O Canal leading up to the Billy Goat Trail and Great Falls. On Saturday, a huge blue heron rushed past us several times. Two days later, I learned that numerous more were enjoying themselves at Occoquan River...

05/28/2026

My staff and I know that we are going to make a substantial positive difference in many of our clients' lives, but usually cannot foretell the full extent of that. Thanking my client for their recent Google review.

"I cannot recommend Jon Katz highly enough. Jon got me an extremely favorable outcome in my case, and from start to finish, I felt like I was in the best possible hands. His reputation absolutely precedes him in the courtroom — you can immediately tell that he is a powerhouse attorney in the Fairfax County Courts, and that reputation truly made a difference in my case.

"What impressed me most was that despite being one of the biggest name attorneys in the area, Jon always made time to speak with me personally, answer my questions, and reassure me throughout the entire process. He never made me feel rushed or unimportant. Jon took both me and my case seriously and gave it individualized attention every step of the way.

"He was incredibly thorough in explaining every step we needed to take to prepare for court, and I always felt confident knowing he was willing to fully go to bat for me. He is fair, direct, and completely no-nonsense when it comes to protecting his clients. Jon also seems to work around the clock — his level of dedication and responsiveness honestly amazed me.

"One thing that especially stood out to me was that Jon sat with me for over an hour helping retrieve a document from the clerk’s office when he certainly did not have to. That level of commitment and care is rare. He consistently went above and beyond in ways I never expected.

"Beyond just handling the legal side of things, Jon also took the time to discuss mindfulness techniques and other life-enriching habits that could help prevent a situation like this from happening again in the future. That showed me he genuinely cared not only about the outcome of my case, but also about me as a person.

"I also want to recognize his amazing office staff, especially Tiffany and Jocelyn. They were always prompt, professional, responsive, and incredibly helpful whenever I needed anything. Communication was excellent throughout the entire process.

"On top of all of that, Jon also has a very interesting podcast that I’ve listened to several episodes of and would recommend to anyone — whether you have an impending court case or not. His insight, perspective, and personality really come through, and it made me appreciate even more how knowledgeable and passionate he is about what he does.

"If you are looking for an attorney who is highly respected, knowledgeable, aggressive when needed, compassionate, and truly committed to his clients, I would absolutely recommend Jon Katz and his team."

05/28/2026

Joan Didion could drive from Manhattan to New Haven, for instance, and see things that so many people overlook, and then put that masterfully onto paper.

She engaged well with the paper on which she wrote, but maybe not with comfort when approached by an admirer, at least not when I said hello -- when she kept on walking (okay, perhaps she was ready for shuteye) after she spoke a few years ago at Politics & Prose, where instead of the opportunity to meet with her to sign her book, she had pre-signed. This was around 2003, when she was talking about Where I Was From.

Wisely, I chose the America In the Sixties English seminar in college, where the instructor Diane Carmody Wynne introduced me to Joan Didion (via The White Album), Jack Kerouac, Tim O'Brien, Diana Trilling, and numerous others, and opened my eyes further to other thinkers about whom I did not know much yet.

And now comes this purportedly recently unearthed unfinished writing by Didion after her interaction with the Grateful Dead in their early years.

https://liveforlivemusic.com/news/grateful-dead-joan-didion-1967-interview-surfaces/ (And see the link therein to this great article about her meeting with the Doors minus Jim Morrison.)

Now I will meander and say that a few years ago, I went out of my way to find three of Jim Morrison's four childhood homes in Northern Virginia. I bought the map that helped me find his grave at Père Lachaise cemetery.

Does any of this have any relevance to my professional life versus just to my personal life? Of course. For us to fully engage with others, we must be full human beings, which includes knowing ourselves, being curious, and finding delight in life.

A newly discovered Joan Didion interview with the Grateful Dead places the revered essayist in the band's rehearsal space in 1967.

05/27/2026

Witness sequestration orders (also known as the rule on witnesses) are always granted when I request them at trial, sometimes with judicial modifications. As a Fairfax criminal lawyer, I know that the right to such orders is codified at Virginia Code § 19.2-265.1 and Virginia Rule of Evidence 2:615. The foregoing Virginia Code and Rule of Evidence provisions address physically excluding witnesses from the courtroom except for when they testify (with such exceptions as allowing the defendant and alleged victim to be present, and, under the foregoing evidentiary rule, giving the trial judge discretion to “allow one expert witness for each party to remain in the courtroom”). The purpose of the rule on witnesses is to prevent witnesses from modifying their testimony in order to comport with or respond to what other witnesses have testified to, and what other evidence has already been presented at trial. Judges are permitted to exercise sound judicial discretion, as well, to bar lawyers from talking with their witnesses during trial, so that the lawyers do not share with those witnesses the evidence that has already been testified to, or do not otherwise coach or direct those witnesses in response to the trial testimony and evidence that has already been presented. Warmouth v. Commonwealth of Virginia, 29 Va. App. 476, 485 (1999)..

Witness sequestration discussed by top-rated Fairfax criminal lawyer advancing your best defense against Virginia criminal & DUI prosecutions

05/26/2026

Tenacity, patience and courage often can yield excellent results for the accused. As a Fairfax criminal lawyer, I have seen this happen again and again. When enabled and permitted by their superiors, Virginia assistant commonwealth attorneys / prosecutors can reduce their workload by agreeing to settlement and plea deals that the defense will accept. However, plenty of prosecutors do not have wide leeway in that regard. Nonetheless, when a prosecutor sees that a defendant will likely take up substantial prosecutorial time with a trial rather than to accept the latest prosecutorial settlement proposal, the prosecutor might examine negotiations more closely than with a defendant more likely to avoid a trial...

Tenacity discussed by highly rated Fairfax criminal & DUI defense lawyer pursuing your best defense against Virginia prosecutions

05/26/2026

Thanking and deeply bowing to Sonny Rollins (1930-2026). https://www.nytimes.com/2026/05/25/arts/music/sonny-rollins-dead.html

He was full of musical excellence, energy and individuality, including when playing on the Williamsburg Bridge for its desirable acoustics, and developing himself spiritually.

I had the privilege of experiencing Sonny live, during the Newport Jazz Festival, playing before McCoy Tyner at Carnegie Hall.

Even by the standards of a music that prizes individuality, he stood out, as both a musician and a personality.

05/26/2026

Absent police witnesses are an occasional phenomenon in Virginia General District Court, which handles adult misdemeanor cases among other matters. However, non-appearance of law enforcement officers in court is limited in frequency by common judicial preference to set trials on law enforcement officers’ (LEO) pre-designated dates on which they are available for court, which are commonly at least one monthly date. As a Fairfax criminal lawyer, I view such non-appearances through the lens of how that will help obtain my clients’ best defense. Today’s article addresses one instance where the absent LEO contributed to a 0.15 blood alcohol concentration (BAC) Virginia DUI prosecution (prosecuted under Virginia Code § 18.2-266) being settled for an amended charge of reckless speeding under Virginia Code § 46.2-862 (down from the typical reckless driving generally), for a sentence of thirty days of suspended driving (down from the usual six months suspended driving for a wet reckless), thirty days of suspended jail, complete the Virginia Alcohol Safety Action Program, and a modest fine...

Absent police witnesses addressed by top-rated Fairfax criminal lawyer pursuing your best Virginia criminal defense

05/24/2026

Evading approaching police mays simply make their fishing trip or other investigation more fruitful for law enforcement officers (LEOs). Devon Lamar Washington v. Commonwealth of Virginia, 87 Va.App. 349 (2026) As a Fairfax criminal lawyer, I do no agree that a negative judicial inference should be permitted to be formed about people who walk or run away from police who approach without commanding the civilian to stay in place. To permit such a negative judicial inference can convert so-called “consensual” police encounters to nonconsensual encounters that put civilians in a damned if they do, damned if they don’t situation, where if the civilian stays in place only to avoid a detention, that is not a consensual encounter, but if the civilian runs or walks away from approaching police that this risks not only a police detention but also a court greenlight to that detention...

https://katzjustice.com/evading-police-can-be-factor-to-allow-a-virginia-detention

Evading police addressed by Fairfax criminal lawyer pursuing your best defense against Virginia DUI, drug & other prosecutions

05/23/2026

A police officer approached me amiably in a courthouse hallway recently, while I was waiting to talk with the prosecutor about my case (which, wonderfully, got dismissed with help of the satisfaction and discharge law).

I don't think I have dealt much with this law enforcement officer much, and decided to simply engage with him on the soul level, as my teacher from afar Ram Dass favors. When I mentioned my daily taijiquan practice, he quipped for me not to fight him.

(In this same courthouse hallway a few years ago, I was tickled after obtaining a bench trial acquittal, how the arresting police officer approached me in the hallway post-victory, and exclaimed: "I want to shake your hand. That is the best lawyer performance I have every seen at trial, even though I don't like everything you said about me."

This brief encounter with the LEO who responded about my taijiquan practice, summoned a few ideas for me:

- It is good to engage with people simply as people, and not because of their job title or position in life. I understand that late Supreme Court Justice William Brennan was among the people who was very good with that approach, from the people who cleaned the courthouse to everyone else. I certainly sensed that about him when meeting Justice Brennan in 1993, which brief meeting I will always cherish.

- Everyone was born without a job title. When the time comes for me to work to persuade others, it is important not to let job titles, job functions, nor team affiliations be barriers to finding and overlapping common interests.

- We do not always know a person's motive in approaching us with a smile and handshake (good, less good, or somewhere else on the continuum). It takes less energy and thought to simply be open to others, and to apply protective mechanisms later if and when that becomes necessary.