Is there any excuse for Loudon not caring about misdemeanors anymore?

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

jsteele wrote:You are misrepresenting or not understanding what the article says. The office doesn't have enough staff to prosecute everything, so they are prioritizing. That doesn't mean that nothing will happen in regard to the crimes that they won't prosecute. Those charged will still go to court and the police will present evidence. I don't think it will require a prosecutor to explain to a judge that police radar shows you going 88 mph because you lacked reading comprehension and didn't think that you would end up in court.

That's how traffic cases in fairfax works. You're asking the cops to do heavy lifting in less clear cases that may require witnesses other than the arresting officer

+1
In Fairfax the police officers prosecute certain crimes like drunk in public. It's kind of a kangaroo court, but it's very basic and usually results in a small fine. The judge will hear maybe 10 public intoxication cases in a row and it can be quite entertaining. The downside is that someone arrested is basically screwed because there is no opportunity for a defense lawyer to meet with the prosecutor to have the charges dropped. And usually the police officer doesn't go into detail when presenting evidence to the judge.

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.

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.

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.

Yes, all District Court trials are bench trials. They are not restricted to only those offenses that don’t carry jail time. All misdemeanor offenses, whether it carries a fine only, jail time less than a year, or jail time under a year and a fine, are handled in District Court to start. You can appeal any District Court case to Circuit Court and demand a jury trial, however.

[Anonymous]

I used to confine my carjacking to DC and PG County until Steve Descano declared Fairfax County a sanctuary county for criminals. Now, it looks like I can expand to Loudon County as well. George Soros has been great for my business.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

jsteele wrote:You are misrepresenting or not understanding what the article says. The office doesn't have enough staff to prosecute everything, so they are prioritizing. That doesn't mean that nothing will happen in regard to the crimes that they won't prosecute. Those charged will still go to court and the police will present evidence. I don't think it will require a prosecutor to explain to a judge that police radar shows you going 88 mph because you lacked reading comprehension and didn't think that you would end up in court.

That's how traffic cases in fairfax works. You're asking the cops to do heavy lifting in less clear cases that may require witnesses other than the arresting officer

+1
In Fairfax the police officers prosecute certain crimes like drunk in public. It's kind of a kangaroo court, but it's very basic and usually results in a small fine. The judge will hear maybe 10 public intoxication cases in a row and it can be quite entertaining. The downside is that someone arrested is basically screwed because there is no opportunity for a defense lawyer to meet with the prosecutor to have the charges dropped. And usually the police officer doesn't go into detail when presenting evidence to the judge.

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

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 think the issues are (1) She can't retain staff. This reminds me of Trump and the fact that everyone quit on him because he was nuts. Descano is having the same issues in Fairfax. (2) police officers aren't supposed to prosecute cases, present witnesses, etc. You're asking too much of them and the judicial system in general. Judges aren't supposed to run the trials, they're supposed to decide them. (3) It does make it more difficult to reach a plea agreement because there's nobody to talk to and the police don't have the same authority a prosecutor does to dismiss the charge. The end result is burdening an already overburdened system.

[Anonymous]

Anonymous wrote:

Loudoun County Commonwealth’s Attorney Buta Biberaj says her office will stop prosecuting some misdemeanor cases, claiming the office is "inundated" and prosecutors need to focus on violent and felony crimes.

FOX 5 has obtained a memo Biberaj sent to judges on Dec. 30 outlining the impacted offenses. They include reckless driving (under 90 mph), hit-and-run (property damage), eluding, trespass, petty larceny, and drunk in public.

https://www.fox5dc.com/news/loudoun-county-to-stop-prosecuting-some-misdemeanor-cases

Also, the new effective 89 mph speed limit on Loudon roads seems like a bad idea, but who know

Someone going 89 can still be charged with speeding. The prosecutors just won't prosecute for reckless driving, and you will stay in traffic court.
I think it is a statewide law that has major penalties for this.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Putting aside exactly what the memo means, the county executive in Loudoun, who is also a Democrat, has said she will not support Biberaj if she runs for another term as the commonwealth’s attorney in Loudoun.

I fully expect that all 3 progressive prosecutors in VA, Descano, Biberaj, and Deghani-Tafti, are not going to garner a lot of support and will end up out of office after the next election. They may not even get out of the primaries.

People vote according to the ballot handed to them by the party volunteers. If they are on the ballot, they will garner a lot of support.
The school board election in Loudoun, Democrats supported a candidate just out of college over an incumbent who had been doing a decent job, and ended up handing the seat to the Republican candidate by about 100 votes.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Loudoun County Commonwealth’s Attorney Buta Biberaj says her office will stop prosecuting some misdemeanor cases, claiming the office is "inundated" and prosecutors need to focus on violent and felony crimes.

FOX 5 has obtained a memo Biberaj sent to judges on Dec. 30 outlining the impacted offenses. They include reckless driving (under 90 mph), hit-and-run (property damage), eluding, trespass, petty larceny, and drunk in public.

https://www.fox5dc.com/news/loudoun-county-to-stop-prosecuting-some-misdemeanor-cases

Also, the new effective 89 mph speed limit on Loudon roads seems like a bad idea, but who know

Someone going 89 can still be charged with speeding. The prosecutors just won't prosecute for reckless driving, and you will stay in traffic court.
I think it is a statewide law that has major penalties for this.

89 MPH on any road in VA would be a felony.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Putting aside exactly what the memo means, the county executive in Loudoun, who is also a Democrat, has said she will not support Biberaj if she runs for another term as the commonwealth’s attorney in Loudoun.

I fully expect that all 3 progressive prosecutors in VA, Descano, Biberaj, and Deghani-Tafti, are not going to garner a lot of support and will end up out of office after the next election. They may not even get out of the primaries.

People vote according to the ballot handed to them by the party volunteers. If they are on the ballot, they will garner a lot of support.
The school board election in Loudoun, Democrats supported a candidate just out of college over an incumbent who had been doing a decent job, and ended up handing the seat to the Republican candidate by about 100 votes.

This.
I live in Broad Run. We lost an excellent, involved, responsive school board representative because he was independent and not endorsed by either party, thus not appearing on the sample ballots. People who don’t pay attention to what is actually going on and just vote based on the sample ballot likely cost him the election. I’m sure the same thing happens for other local elected positions.

[Anonymous]

Anonymous wrote:

Loudoun County Commonwealth’s Attorney Buta Biberaj says her office will stop prosecuting some misdemeanor cases, claiming the office is "inundated" and prosecutors need to focus on violent and felony crimes.

FOX 5 has obtained a memo Biberaj sent to judges on Dec. 30 outlining the impacted offenses. They include reckless driving (under 90 mph), hit-and-run (property damage), eluding, trespass, petty larceny, and drunk in public.

https://www.fox5dc.com/news/loudoun-county-to-stop-prosecuting-some-misdemeanor-cases

Also, the new effective 89 mph speed limit on Loudon roads seems like a bad idea, but who know

The Commonwealth Attorney isn't responsible for enforcing traffic laws. That's the sheriff's job.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Loudoun County Commonwealth’s Attorney Buta Biberaj says her office will stop prosecuting some misdemeanor cases, claiming the office is "inundated" and prosecutors need to focus on violent and felony crimes.

FOX 5 has obtained a memo Biberaj sent to judges on Dec. 30 outlining the impacted offenses. They include reckless driving (under 90 mph), hit-and-run (property damage), eluding, trespass, petty larceny, and drunk in public.

https://www.fox5dc.com/news/loudoun-county-to-stop-prosecuting-some-misdemeanor-cases

Also, the new effective 89 mph speed limit on Loudon roads seems like a bad idea, but who know

The Commonwealth Attorney isn't responsible for enforcing traffic laws. That's the sheriff's job.

No, the CA is responsible for prosecuting criminal offenses, which the offenses outlined in the memo are. Law enforcement agencies are still able to their job, investigating and making arrests, but the CA is abdicating responsibility for doing her job.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Putting aside exactly what the memo means, the county executive in Loudoun, who is also a Democrat, has said she will not support Biberaj if she runs for another term as the commonwealth’s attorney in Loudoun.

I fully expect that all 3 progressive prosecutors in VA, Descano, Biberaj, and Deghani-Tafti, are not going to garner a lot of support and will end up out of office after the next election. They may not even get out of the primaries.

People vote according to the ballot handed to them by the party volunteers. If they are on the ballot, they will garner a lot of support.
The school board election in Loudoun, Democrats supported a candidate just out of college over an incumbent who had been doing a decent job, and ended up handing the seat to the Republican candidate by about 100 votes.

This.
I live in Broad Run. We lost an excellent, involved, responsive school board representative because he was independent and not endorsed by either party, thus not appearing on the sample ballots. People who don’t pay attention to what is actually going on and just vote based on the sample ballot likely cost him the election. I’m sure the same thing happens for other local elected positions.

+1
This partisan system is ridiculous.

[Anonymous]

Anonymous wrote:This action in the first step of a banana republic. When the local executive branch begins to pick and choose the "serious" crimes it will pursue, there can never be fair outcomes. Any such selection process is not transparent to the public.

Welcome to Virginia the land of idiots who voted in Youngkin a liar, criminal and trash. And he brought along more trash.

[Anonymous]

Anonymous wrote:

Anonymous wrote:This action in the first step of a banana republic. When the local executive branch begins to pick and choose the "serious" crimes it will pursue, there can never be fair outcomes. Any such selection process is not transparent to the public.

Welcome to Virginia the land of idiots who voted in Youngkin a liar, criminal and trash. And he brought along more trash.

Lol, Youngkin has nothing to do with the Loudoun County CA.

[Anonymous]

Anonymous wrote:

Anonymous wrote: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.

I live in Loudoun and am in shock at the number of young men my kids ages who have reckless driving convictions. It's almost all white early 20 year old males. So many have rd charges, dwis, and other alcohol related charges this it is stunning.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Putting aside exactly what the memo means, the county executive in Loudoun, who is also a Democrat, has said she will not support Biberaj if she runs for another term as the commonwealth’s attorney in Loudoun.

I fully expect that all 3 progressive prosecutors in VA, Descano, Biberaj, and Deghani-Tafti, are not going to garner a lot of support and will end up out of office after the next election. They may not even get out of the primaries.

People vote according to the ballot handed to them by the party volunteers. If they are on the ballot, they will garner a lot of support.
The school board election in Loudoun, Democrats supported a candidate just out of college over an incumbent who had been doing a decent job, and ended up handing the seat to the Republican candidate by about 100 votes.

This.
I live in Broad Run. We lost an excellent, involved, responsive school board representative because he was independent and not endorsed by either party, thus not appearing on the sample ballots. People who don’t pay attention to what is actually going on and just vote based on the sample ballot likely cost him the election. I’m sure the same thing happens for other local elected positions.

+1
This partisan system is ridiculous.

Hoyler? He was a hard worker but I wouldn't vote for him because he wouldn't answer certain questions and would not support issues important to me.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Loudoun County Commonwealth’s Attorney Buta Biberaj says her office will stop prosecuting some misdemeanor cases, claiming the office is "inundated" and prosecutors need to focus on violent and felony crimes.

FOX 5 has obtained a memo Biberaj sent to judges on Dec. 30 outlining the impacted offenses. They include reckless driving (under 90 mph), hit-and-run (property damage), eluding, trespass, petty larceny, and drunk in public.

https://www.fox5dc.com/news/loudoun-county-to-stop-prosecuting-some-misdemeanor-cases

Also, the new effective 89 mph speed limit on Loudon roads seems like a bad idea, but who know

The Commonwealth Attorney isn't responsible for enforcing traffic laws. That's the sheriff's job.

No, the CA is responsible for prosecuting criminal offenses, which the offenses outlined in the memo are. Law enforcement agencies are still able to their job, investigating and making arrests, but the CA is abdicating responsibility for doing her job.

The same rwnjs who attack the school board in Loudoun immediately started attacking Biberaj the minute she got in office. I'm disappointed more in Phyllis Randall than anyone else.