Court starts promptly at 9:30am. It is important to allow plenty of time because security checks can sometimes delay entry to the courthouse. My secretary will call you the day before as a reminder and also to tell you which courtroom your case is in. Between 9am and 9:30am I will meet with the Prosecutor to remind them that I will be representing you. This serves two purposes. It tells the Prosecutor to take your case out of the judge’s stack of files. Additionally, it tells the Prosecutor to talk to your police officer about your case.
Prosecutors in Fairfax do not talk to the police on traffic cases prior to the court date. They also do not get involved in cases where a person represents themselves. (Known as going pro-se).
When the judge starts calling cases at 9:30 your case will be with the Prosecutor and won’t be one of the cases the judge calls. Depending on how crowded the courtroom is that day, the Prosecutor may take up to an hour to talk to the officers and get information about your case. During that time you can get breakfast, read, or otherwise simply watch the other cases.
About 10:30, the Prosecutor will start talking to the lawyers. During these brief meetings the Prosecutor will share the officer’s version of events. They will also allow me to view the officer’s calibrations. Calibrations are records that prove the officer’s equipment has been tested and confirmed to be reliable. The vast majority of Fairfax Reckless Driving cases are won or lost based on whether the calibrations comply with a complex series of rules and regulations.
After being told what evidence they have, I also share reasons why my client is deserving of a break. This then leads to a negotiation of a potential plea offer. A plea offer is an agreement with the Prosecutor on a set punishment in exchange for a guilty plea. While there is a back and forth the terms of a plea deal are left to each individual Prosecutor’s discretion.
After receiving a plea deal, I then discuss the pros and cons of the deal with the client. There is no one size fits all strategy to determining if accepting a plea deal makes sense. Every case is unique and a long list of factors will influence our decision and the optimal strategy.
Once we receive the plea deal we will have a few options. If we accept the deal the judge will simply impose the agreed punishment. If we reject the offer then we can either go to trial or ask for a continuance. If we go to trial, the judge hears evidence and then makes a decision on whether you are guilty and what an appropriate punishment should be.
A continuance is a rescheduling of the case to a later date. In Fairfax traffic court, a continuance essentially restarts the case on a new date. When we come back we will likely get a new judge and a new Prosecutor. We will also get a new plea deal. The terms of that new deal can be better, worse, or the same as the original deal.
If a fine is imposed after your case payment in a timely manner is essential. You automatically have 30 days to pay. After 30 days your driver’s license will be suspended. Should you need longer to pay, payment plans are available for a fee. Payments can be made online, over, the phone, by mail, or in person.
