Beat The Prosecution

Send us a textIn mid-December 2024, Denmark released Captain Paul Watson (co-founder of Greenpeace, and founder of Sea Shepherd Conservation Society) after five months of captivity in an apartment-like incarceration setting in Greenland, when Denmark ultimately declined to extradite him to Japan for a matter about which Captain Watson asserts his innocence. Three weeks after Captain Watson's release, Fairfax, Virginia criminal defense and DUI lawyer Jonathan Katz had the privilege to spend an hour with him on our Beat the Prosecution podcast, covering such topics as risking detention and prosecution for what we deeply believe in; the international law limiting whaling and sealing; preparing for and winning at trial (he has never been convicted); and his uncanny ability to be non-angry. Remarkable is Paul's confirmation that he does not get angry, other than when he expresses it with his pen. Non-anger is very vital to beating the prosecution. Paul has been prosecuted numerous times, but all his trials have resulted in acquittals. Listen to how that resulted. Paul Watson and Jon Katz both eat vegan (with Paul motivated heavily by ecological reasons, and Jon being primarily motivated by nonviolence), and know members of the American Indian Movement (with Paul having been a medic during the Wounded Knee action, and Jon peripherally meeting AIM members through his peace teacher Jun Yasuda, a close friend and supporter of the late Dennis Banks). Jon recommends reading Paul's autobiography Hitman for the Kindness Club, and listening to his podcast entitled Captain Paul Watson Foundation. More about Paul and his foundation's work is at PaulWatsonFoundation.org. Watson is one of the films about him. Donations to his foundation can be made here. One of Paul's previous organization's ships was named the Steve Irwin, who supported Paul's approach for animals. Those approaches include ramming whaling ships without causing injury to others, applying dye to seals to make their skins unmarketable, using stink bombs, and releasing animals from captivity. Paul magnificently sums up his work with this phrase that also is all about how to beat the prosecution: courage, passion and imagination. This podcast with Fairfax, Virginia criminal / DUI lawyer Jon Katz is playable on all devices at podcast.BeatTheProsecution.com. For more information, visit https://BeatTheProsecution.com or contact us at [email protected], 703-383-1100 (calling), or 571-406-7268 (text). Hear our prior podcasts, at https://podcast.BeatTheProsecution.com/If you like what you hear on our Beat the Prosecution podcast, please take a moment to post a review at our Apple podcasts page (with stars only, or else also with a comment) at https://podcasts.apple.com/us/podcast/beat-the-prosecution/id1721413675

Send us a textMarijuana in large part accelerated Fairfax criminal lawyer Jonathan Katz's transition from working at a corporate law firm to becoming a criminal defense lawyer many years ago. Jon Katz one day read about a federal prosecutor's issuance of a subpoena for High Times Magazine's advertiser records. Jon figured that the prosecutor was going after customers of hydroponic indoor marijuana growers. In protest, Jon took out a subscription to High Times, and told the same by letter to the then-federal attorney general and High Times. As a result of that subscription, Jon learned about criminal defense lawyer Don Fiedler, who was then national director of NORML, who helped Jon steer his path towards criminal defense. In rapid order, Jon joined the National Association of Criminal Defense Lawyers, and met its then-executive director Keith Stroup. the founder of the National Organization for the Reform of Marijuana Laws (NORML), which is devoted to marijuana consumers, rather than to manufacturers and sellers. Jon had previously read the authorized NORML biography High in America, and has been fascinated by Keith's story. Keith has for many years been back with NORML, where he is current legal counsel. The story of marijuana legalization and decriminalization provides strong lessons for criminal defense lawyers and their clients, about perseverance, team building and reversing roles. Marijuana remains criminalized at the federal level, but its odor is no longer a basis under Virginia law for a police search, and possession of designated amounts is no longer an offense in Virginia, which still needs legalized retail sales beyond medicinal sales. Many marijuana reformers have worked tirelessly and creatively over the decades to get us to where we are now. The team building involved in obtaining marijuana reform goes well beyond so-called political progressives. The reversing roles looks at what makes politicians and other policymakers tick for no longer demonizing marijuana. On this episode of Beat the Prosecution, Jon welcomes Keith Stroup and NORML political director Morgan Fox, for an eye-opening look at how far marijuana reform has come and what still needs to be done. Jon believes strongly in decriminalizing all drugs, as well. For more information about NORML and how to join and donate to the group, visit NORML.org. This podcast with Fairfax, Virginia criminal / DUI lawyer Jon Katz is playable on all devices at podcast.BeatTheProsecution.com. For more information, visit https://BeatTheProsecution.com or contact us at [email protected], 703-383-1100 (calling), or 571-406-7268 (text). Hear our prior podcasts, at https://podcast.BeatTheProsecution.com/If you like what you hear on our Beat the Prosecution podcast, please take a moment to post a review at our Apple podcasts page (with stars only, or else also with a comment) at https://podcasts.apple.com/us/podcast/beat-the-prosecution/id1721413675

Send us a textGreat criminal defense is like delivering clients excellent results while balanced on a pinnacle thousands of feet above the ground below. For that reason, Fairfax criminal / Virginia DUI attorney Jon Katz has invited Zen priest and former New York City emergency room physician Wendy Dainin Lau, M.D., who went from computer technology to medical school, and, after burnout, to the Upaya Zen Center in Santa Fe. Effective criminal defense lawyers in so many ways are like emergency room physicians, single-mindedly reaching out to their patients as verbal bows and arrows can be flying -- or seem to be flying -- from all directions. Sensei Wendy has experienced having one patient die, only to still have a roster of other patients to help in the very next moment. She repeatedly takes on the treacherous journey to provide highly needed free healthcare to people in remote areas of Nepal. A recent documentary on that Nomads Clinic work -- Into the Heart of the Mountain -- is available here. Wendy teaches the practice of G.R.A.C.E.- Gathering attention, Recalling intention, Attuning to self and others, Considering what will serve, Engaging and ending.  Physicians and everyone else will benefit from Wendy's Inner Practice of Medicine book. Wendy welcomes donations to the Upaya Zen scholarship fund bearing her name. This podcast with Fairfax, Virginia criminal / DUI lawyer Jon Katz is playable on all devices at podcast.BeatTheProsecution.com. For more information, visit https://BeatTheProsecution.com or contact us at [email protected], 703-383-1100 (calling), or 571-406-7268 (text). Hear our prior podcasts, at https://podcast.BeatTheProsecution.com/If you like what you hear on our Beat the Prosecution podcast, please take a moment to post a review at our Apple podcasts page (with stars only, or else also with a comment) at https://podcasts.apple.com/us/podcast/beat-the-prosecution/id1721413675

Send us a textCriminal defense lawyers must hang together lest they hang separately. Northern Virginia lawyer Sameera Ali accepted an Alexandria Juvenile & Domestic Relations (JDR) Court request to represent an indigent defendant (for abysmally low pay), let the court know she was not available on the then-pending court date, got the prosecutor's office on board for seeking a very brief court date rescheduling to when Ms. Ali was available, and instead got issued a show cause notice to appear in the same court to address why she should not be held in jailable contempt of court. Once this story hit the Washington Post (with the bittersweet ending of a dismissal of Sameera's show cause case, but only after a one hour hearing), the outpouring of support for Sameera came rushing through. The show cause hearing courtroom was filled with supportive criminal defense lawyers and also included prosecutors and city attorneys. With criminal defense lawyers ready to instantly rally around their mistreated sister and brother lawyers, and with the Virginia Association of Criminal Defense Lawyers' strike force, judges, prosecutors and police should think carefully before trespassing against one of our own. On this Beat the Prosecution episode, Sameera and Erin Smith tell about the events following the unjust issuance of this show cause order against her, Erin's immediate departure from the Alexandria JDR court's indigent appointment list, and what happened at the hearing where the show cause order against Sameera got dismissed. Longtime public defender lawyer Lauren Whitley talks about the importance for lawyers to speak out about judges' wrongful actions. Sameera's law partner Jim Magner talks about the importance for people to recognize the devotion and talent that so many lawyers demonstrate in representing indigent defendants. Not present for this show is Christopher Leibig, Sameera's lawyer who filed this great motion to dismiss the show cause matter against Sameera. Striking is the absence of anger nor any agenda in Sameera nor Jim, and just Sameera's getting right back in the saddle and urging criminal defense lawyers to accept court appointments to represent indigent defendants. Many criminal defense lawyers are unsung and undersung heroes. Sameera is a hero to let the light be shined on her plight, to not let this matter knock her down, to win, and to treat such mistreatment with such dignity and can-do strength. "Injustice anywhere is a threat to justice everywhere," as Martin Luther King, Jr. reminded This podcast with Fairfax, Virginia criminal / DUI lawyer Jon Katz is playable on all devices at podcast.BeatTheProsecution.com. For more information, visit https://BeatTheProsecution.com or contact us at [email protected], 703-383-1100 (calling), or 571-406-7268 (text). Hear our prior podcasts, at https://podcast.BeatTheProsecution.com/If you like what you hear on our Beat the Prosecution podcast, please take a moment to post a review at our Apple podcasts page (with stars only, or else also with a comment) at https://podcasts.apple.com/us/podcast/beat-the-prosecution/id1721413675