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Jonathan L Katz
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Jonathan Katz’s Answers

1,049 total


  • My case was stetted and was supposed to be nol pross'd after a year. Year is up. Now my lawyer wants $1000 to write the letter

    Is this ethical? He had told me before that there would be no charge. I did contact him during the year because there was an oral agreement that the case could be nol pross'd after six months, but he wasn't able to get that done. He says now th...

    Jonathan’s Answer

    Often there are at least two sides to a dispute. On this page is your version but not your lawyer's.

    I believe strongly in having my retainer agreement/contract make clear what the contract does and does not cover. Whether or not there has been a reasonable misunderstanding between you and your lawyer, perhaps you will want to approach this matter in gradations, starting with acknowledging that there may have been a misunderstanding about payment -- or misremembering by your lawyer -- but that you would really appreciate if your lawyer would resolve this misunderstanding to your favor; followed (if needed) by delivering your lawyer a copy of your retainer agreement and any communications that you believe support your position, briefly walking your lawyer through why you believe he is already paid in full for the work you are asking him to do. .

    Sometimes it works best to try to talk diplomatically by phone or in person before trying to settle disputes by email and mail. That personal touch of a conversation so often can work wonders but so often is left out in this online digital age.

    All the best to you. Jon

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  • Will the prosecutor drop charges that I filed on my brother at the commissioners office if I tell them I want them dropped?

    I filed charges at the commissioners office the next day after my brother punched me in my face over an argument. My brother punched me because I told him to "kill himself" The commissioners office charged him with assault second degree. I have no...

    Jonathan’s Answer

    Filing criminal charges is like setting a forest fire, making the situation no longer in your full control. A qualified lawyer is the best person to advise and advocate for you if you want no prosecution on the case you filed charges about. All the best to you. Jon

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  • I'm supposed to enter my plea for a possession of stolen property w/intent. Will I be sentenced that day ?

    I want to know will I be sentenced that day or will I have another court date?

    Jonathan’s Answer

    For a charge as serious as yours, it is particularly critical that you have a qualified lawyer. If you do, your lawyer will best be able to answer your question. All the best to you. Jon

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  • I am going through a distribution case and have information to a Us Marshall employee buying and using drugs.

    The Us Marshall IA office is wanting my cooperation but will only put in a good word for me during my sentencing. Im looking for clemency but they said they can not take enforce any reduced sentence or clemency because it involves the state. With ...

    Jonathan’s Answer

    You are in over your head if acting without the assistance of a qualified lawyer. It is important that your lawyer know the lay of the land for your case, because your liberty and reputation can be seriously at risk in your case. All the best to you. Jon

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  • Petty larceny, first offense

    target gave me a summons for concealing $89 of merchandise. I am attempting to hire a lawyer, as soon as one calls me back, but I wanted to know if I should expect jail time. I realize this is a serious offense with pretty bad punishments, I just...

    Jonathan’s Answer

    Each case is unique as to available defenses, possibility of full or partial victory, negotiation chances and sentencing chances. Your interest is getting an answer about sentencing exposure is understandable. However, that information is best provided through a consultation with a qualified lawyer. All the best to you. Jon

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  • I have a warrant ( traffic) in Montgomery county I was sick and had strep I mailed the doctors papers to the court to recall it.

    I have court in another county for another traffic case. Will the court run a warrant check before court to see if anyone has a warrant?

    Jonathan’s Answer

    Why risk whether or not the authorities in the other county court will know of any open warrant for your arrest? And why risk having any open warrant catch up with you rather than your handling the warrant, ideally with the help of a lawyer. A qualified lawyer is the ideal person to help you in both counties. All the best to you. Jon

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  • Husband is in jail for overdue registration and license suspension.

    Here's some background, My husband was driving with a suspended registration earlier last year and was unaware of the status his registration due to emissions test. Afterwards, he was driving to work one day and they suspended his license as well ...

    Jonathan’s Answer

    By now hopefully your husband and you know what he is dealing with. It is important for him to consult with a qualified lawyer right away. If he was convicted, he has a deadline to seek such post conviction rights as an appeal for a new trial in Circuit Court. All the best to him. Jon

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  • Guilty plea, What will happen in circuit court?

    I had written a couple of bad checks totaling around $4900 to a bank , my attorney and the banks attorney agreed that I could pay restitution. I have been making payments here and there to try and get all this money paid back to the bank. So far i...

    Jonathan’s Answer

    You may address your questions to your current attorney and/or to an additional attorney for a second opinion. A consultation with a lawyer rather than an AVVO posting would be needed to sufficiently answer your question. All the best to you. Jon

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  • Can i transfer a first offense court case from Virginia to Colorado ?

    i was arrested two weeks ago for possession of marijuana and DUID but this is my first offense. i am getting separated from my husband within the next month and i plan on moving to Colorado with my son where i have family. My court date is Augus...

    Jonathan’s Answer

    Your question is best addressed to the attorney you hire. In the meantime, Virginia and Colorado are separate sovereigns, so your case will be prosecuted in Virginia, not in Colorado. Fortunately, such Virginia misdemeanor convictions as marijuana possession and DUID do not involve a sentencing or probation provision preventing the defendant from moving out of state, and probation/VASAP conditions ordinarily can be satisfied in the state where one resides. However, if you are in a gray area between living in Virginia and moving to Colorado, VASAP is not necessarily going to be automatically easy to deal with about the state in which you can satisfy VASAP.

    It is of course important for you to explore ways with your lawyer about your defenses, negotiation options, ways to prepare for any sentencing, and proactive steps you can take to try to improve your prospects in your case .

    All the best to you. Jon

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  • What's the usual punishment for a 2nd offense of possession of marijuana in VA? Less than 1g. do 2nd offenders usually get jail?

    The amount was less than 1 gram (rolled marijuana cigarette). I am curious if "most" 2nd offenders receive jail time? I was also given the "DC 304" form but was not explained as to what it was, neither was I asked to sign the form! is there anyway...

    Jonathan’s Answer

    It sounds like your inquiry is best addressed to a qualified lawyer, and that the lawyer be asked to address your defenses, negotiation strategies, and preparation for possible sentencing; and that you talk with your lawyer about the possible benefits you will derive from providing weekly clean drug tests, entering drug education, and doing community service. All the best to you. Jon

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