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Defense Attorney Jon Oates Wins Contested Sentencing Hearing That May Result In Felony Dismissal In Arlington, Virginia

In February 2015, criminal defense attorney Jonathan Oates successfully persuaded a Circuit Court in Arlington County, Virginia, against entering a felony conviction for his client, and to give her the opportunity to earn a dismissal of the felony charge. His client faced a felony child endangerment charge for a second DUI within five years with her minor children in the vehicle. Both DUIs involved an accident and a blood alcohol content of over 0.24.

With his client’s ability to stay in the country and care for her children on the line, and under very difficult circumstances, Oates had an uphill battle to avoid a felony conviction. He submitted a brief arguing that the Court had the ability to not convict the Defendant, despite her guilty plea, but hold the case open with the possibility of a dismissal in the future. The potential of dismissal was strongly contested by prosecutors, who argued that the judge did not have the authority to do anything other than convict the Defendant of the felony charge.

Ultimately, Oates’ persistence, preparation and persuasion paid off for his client. The judge sided with Oates, holding the case open and giving the client the possibility to earn a dismissal in the case. Criminal defense lawyer Jon Oates submitted a brief and called three witnesses to testify in support of his client: an alcohol counselor, social services worker, and immigration attorney.

Currently, the client is home with her 11, 7, and 5 year old daughters. Her middle child is severely disabled.

Acquittal on DUI and two misdemeanors for client facing immediate deportation.

Virginia criminal attorney

Virginia criminal Attorney Jonathan R. Oates wins complete acquittal on DUI and two other misdemeanor for client facing immediate deportation

In early May 2014 in Spotsylvania County, Virginia, attorney Jonathan R. Oates fought for a client who had been detained for immigration purposes for nearly two months on charges of DUI. The case involved open alcohol bottles in the car, an accident, the clients confession to the state trooper, and a blood alcohol content more than twice the legal limit. With the clients freedom from immigration on the line, attorney Oates fought the charges at trial. Following his cross-examination of the officer, the judge sided with Mr. Oates’ argument that the prosecutor had failed to show the defendant had been even driving at all and dismissed all charges.

Having defeated all criminal charges, the defendant was able to be released from immigration custody to return home with his family after two months of incarceration.

No jail result for client facing six counts of felony drug distribution in Fairfax County.

Fairfax Criminal Lawyer

criminal defense attorney Jonathan R. Oates wins extraordinary no jail result for client facing six counts of felony drug distribution in Fairfax County Circuit Court in May 2014.

Mr. Oates’ client had touched an illegal substance or had a sip of alcohol, six felony drug distribution charges from Fairfax County continued to haunt him. Up against six felony drug distribution charges, Mr. Oates’ representation widdled them down to only two in the Circuit Court. Even with only two felonies at sentencing, the client was still facing sentencing guidelines of a minimum of 9 months, and as much as 18 months in a Virginia state penitentiary.

With odds stacked heavily against them, Mr. Oates and his client kept hope for a no jail sentence that would allow the client to keep working, return to college, and continue his remarkable rehabilitation from drugs and alcohol as a free man.

On the day of sentencing, with the prosecutor pushing for more than one year of penitentiary time, Mr. Oates presented the judge with a courtroom packed full of support, evidence of clients progress and commitment to being drug and alcohol free, and the argument that this was a person who is moving forward beyond past demons and is better suited progressing as a free man. The judge was persuaded by Mr. Oates ‘ argument and presentation. Ruling against the strong recommendation of the prosecutor, and looking beyond the sentencing guidelines, the judge granted Mr. Oates’ request that the defendant not receive any active jail sentence.

Client’s Future in America Secure After Cocaine Distribution Charges Dropped.

In April 2014, Virginia criminal lawyer Jonathan Oates convinced Fairfax county prosecutors and narcotics detectives to drop cocaine distribution charges against his client, who was facing up to 20 years of incarceration and a significant period of active jail time. To raise the stakes in the case, Jon’s client was also a green card holder with a family and children in the country. With a clean record, Mr. Oates’ client was able to avoid prison and deportation, which keeping a clean criminal record and continue supporting his child.




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