| OP you can still get a fine for going 89mph. Probably a hefty one too. You just don’t have to go to court and potentially lose your license unless you contest it.. |
Normally, traffic violations are civil and not criminal, which is why you don’t have to go to court. Although like most other civil offenses, you can have them adjudicated by a judge. However, if you go 89 MPH in VA you would have to go to court because that is a felony reckless driving offense in the criminal code. |
It only goes this way because defendants allow it to go this way. You do not have to waive your right to a jury trial if you don’t want to. The presumption that people have is that the “Kangroo Court” process is in place specifically because everyone knows that it ends with minor penalties. If you feel that you are wrongly arrested, you can still have a jury trial and present your evidence. Drunk is public is one thing, but what about misdemeanor assault? The facts in those cases are not always so cut and dry. |
Was misdemeanor assault on the Loudoun list? She said they would still prosecute violent crimes. |
Misdemeanor assault is probably the most common misdemeanor offense that is committed. But let’s presume that she instead won’t prosecute property crimes. Police arrest a suspect on grounds of reasonable suspicion that they think looks like the person in a Ring camera. Should they also get to lead prosecution? What if it is a misdemeanor drug paraphernalia offense where the evidence was obtained through an unconstitutional search? A lot of 4th Amendment law is premised on police powers operating separate from prosecutors. This is a system that would be set up for broad abuse for police against the poor in particular. Because a prosecutor is expected to review the constitutionality of evidence and arrests because they theoretically they can be professionally sanctioned for presenting such evidence to the court. If you can afford an attorney, you can request a jury trial where you believe there was a wrongful arrest or the evidence was wrongly obtained. If you cannot afford an attorney, then you’re going to be seriously screwed in this system. |
I mean, maybe giving the prosecutor’s office the resources they need would help. It sounds like this isn’t an uncommon scenario, however. And your apocalyptic predictions appear to not be an issue elsewhere. There are still judges. If anything, the RWNJs are more freaked out thinking there will be more exonerations. They aren’t worried about corrupt cops |
Instead of trying to figure out what you think your political opponents a concerned about. You should be thinking about doing what is in the best interests of justice which you clearly don’t seem to care very much about, nor seem to have much knowledge about 4th Amendment law, nor have a lot of experience in how people of color interact with law enforcement. Inviting police abuse on the most vulnerable to own your opponents is pretty bad and you should be ashamed. |
She has resources, she just can’t find anyone willing to work for her and not quit. The previous staff left, and she’s been unable to retain staff that she has hired |
Exactly. Let’s break this down. She says that crime is down under her watch. There has been no reported budget cuts to her office. So the idea that she lacks the resources is false. What she lacks is the ability to effectively recruit and retain competent staff. And now she wants to use that as an excuse to do less work. At the core of this is an incompetent, lazy and ineffective leader who is in the wrong job. |
I don't think that's true. For several types of misdemeanor charges in District Court, the "trial" is immediately held in front of a judge. That's just what I've observed. Maybe someone who knows what they are talking about can chime in. |
| They need to focus on ways to easily incarcerate intruders, car thefts, robberies, basically ways to protect normal citizens from the homeless and thugs intruding from outside areas as it's now a major issue |
| Loudoun is like a lot of jurisdictions where antipathy towards Trump led to a lot of Democrats like Biberaj getting elected in recent years. They are not Trump, but are also are too far to the left and/or too incompetent to remain in the public's good graces. The pendulum will swing back because these folks are hurting the Democratic brand. |
District Court cases are indeed bench trials that are restricted to traffic cases and any misdemeanor that doesn’t have jail time. |
This isn’t true. All misdemeanors (which are punishable by up to a year in jail and/or a fine up to $2500) are heard in District Court to start. You have an automatic right to appeal a District Court traffic or criminal case to Circuit Court, where you are able to demand a jury trial. |
So trial is heard by judge. |