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

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

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=jsteele]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.

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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 [/quote]

+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. [/quote]
It only goes this way because defendants allow it to go this way. [b]You do not have to waive your right to a jury trial if you don’t want to.[/b] 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,[b] you can still have a jury trial and present your evidence. [/b]Drunk is public is one thing, but what about misdemeanor assault? The facts in those cases are not always so cut and dry.[/quote]

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.[/quote]
District Court cases are indeed bench trials that are restricted to traffic cases and any misdemeanor that doesn’t have jail time. [/quote]
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. [/quote]

So trial is heard by judge.[/quote]
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. [/quote]

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