Anonymous
Post 01/04/2021 20:23     Subject: Fairfax county prosecutor no more cash bail, no mandatory minimum and soft on felons

Anonymous wrote:
Anonymous wrote:Can someone clarify....arrestees for violent offenses are just not released, right?

They're at least making a distinction between 'breaking into cars' and 'caught with some meth' versus 'rapes on the WOD trail' or armed robbery, right?

right?


The ignorance about our own justice system is astonishing. Eliminating cash bail doesn't mean everyone gets released pretrial. As someone noted, the federal system doesn't have cash bail, and people who are considered dangerous to the community are held pending trial. It just means that people who are not considered dangerous to others don't sit in jail for the sole reason that they can't pay bail.


It's why in cities like Atlanta, the same youth (older teens) are often arrested and re-arrested multiple times for burglaries, assaults, and stealing cars. They're not considered dangerous to others.
Anonymous
Post 01/04/2021 20:17     Subject: Re:Fairfax county prosecutor no more cash bail, no mandatory minimum and soft on felons

I'm confused. So if you committed a serious crime (not a danger to society) and you are a serious flight risk, the prosecution can't request cash bond?
Anonymous
Post 01/04/2021 20:13     Subject: Re:Fairfax county prosecutor no more cash bail, no mandatory minimum and soft on felons

This is what the people voted for.
Anonymous
Post 01/04/2021 20:10     Subject: Fairfax county prosecutor no more cash bail, no mandatory minimum and soft on felons

Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:Can someone clarify....arrestees for violent offenses are just not released, right?

They're at least making a distinction between 'breaking into cars' and 'caught with some meth' versus 'rapes on the WOD trail' or armed robbery, right?

right?


The ignorance about our own justice system is astonishing. Eliminating cash bail doesn't mean everyone gets released pretrial. As someone noted, the federal system doesn't have cash bail, and people who are considered dangerous to the community are held pending trial. It just means that people who are not considered dangerous to others don't sit in jail for the sole reason that they can't pay bail.


this, bail is meant to guarantee your appearance in court and helps to mitigate the risk of flight. I.e. if you don't show up the bail is forfeit. This is totally different from detention based on a danger to society. In practice, the inability to pay bail gives prosecutors leverage over poor defendants sitting in jail because the can't afford bail to plead guilty because that is often less jail time than pre-trial detention.


Any stats on releases during covid and pre covid of persons who had plea deals for lesser charges?

Fairfax County will only analyze flight risk separately from and after determining if a person is a danger to the community. Danger to the community ?

This document is No cash bond yet oddly continues with lists of violent crimes and flight risk. If you stop at p 3 here it is: ACA's must never request a cash bond and if defense counsel requests it must restate the position of no cash bond. This document is blatantly contradictory with NO cash bond to stuff on violence and flight risk. This is what we elected?

Sloppy work and read it here https://www.fairfaxcounty.gov/commonwealthattorney/sites/commonwealthattorney/files/assets/documents/fairfax%20cwa%20-%20bond%20policy.pdf

Failure to appear? Didn't show up before and go by the stuff on the 1st 3 pages?


That's normal. If someone is found to be a danger to the community, they aren't supposed to be released, cash bond or not. Bond is for the sole purpose of ensuring someone's appearance at court proceedings, so it's only relevant if there are concerns that someone is a flight risk.
Anonymous
Post 01/04/2021 20:05     Subject: Fairfax county prosecutor no more cash bail, no mandatory minimum and soft on felons

Anonymous wrote:This guy is a piece of garbage what is wrong with him

https://www.localdvm.com/news/virginia/fairfax-county-commonwealths-attorney-announces-sentencing-reform/amp/


Good! Now let's go after the death penalty in VA. It's a barbaric, backward practice and needs to stop.
Anonymous
Post 01/04/2021 19:57     Subject: Fairfax county prosecutor no more cash bail, no mandatory minimum and soft on felons

Anonymous wrote:
Anonymous wrote:
Anonymous wrote:Can someone clarify....arrestees for violent offenses are just not released, right?

They're at least making a distinction between 'breaking into cars' and 'caught with some meth' versus 'rapes on the WOD trail' or armed robbery, right?

right?


The ignorance about our own justice system is astonishing. Eliminating cash bail doesn't mean everyone gets released pretrial. As someone noted, the federal system doesn't have cash bail, and people who are considered dangerous to the community are held pending trial. It just means that people who are not considered dangerous to others don't sit in jail for the sole reason that they can't pay bail.


this, bail is meant to guarantee your appearance in court and helps to mitigate the risk of flight. I.e. if you don't show up the bail is forfeit. This is totally different from detention based on a danger to society. In practice, the inability to pay bail gives prosecutors leverage over poor defendants sitting in jail because the can't afford bail to plead guilty because that is often less jail time than pre-trial detention.


Any stats on releases during covid and pre covid of persons who had plea deals for lesser charges?

Fairfax County will only analyze flight risk separately from and after determining if a person is a danger to the community. Danger to the community ?

This document is No cash bond yet oddly continues with lists of violent crimes and flight risk. If you stop at p 3 here it is: ACA's must never request a cash bond and if defense counsel requests it must restate the position of no cash bond. This document is blatantly contradictory with NO cash bond to stuff on violence and flight risk. This is what we elected?

Sloppy work and read it here https://www.fairfaxcounty.gov/commonwealthattorney/sites/commonwealthattorney/files/assets/documents/fairfax%20cwa%20-%20bond%20policy.pdf

Failure to appear? Didn't show up before and go by the stuff on the 1st 3 pages?

Anonymous
Post 01/04/2021 10:30     Subject: Fairfax county prosecutor no more cash bail, no mandatory minimum and soft on felons

self-described right-leaning independent here....
Thinking this over it seems reasonable actually. Our justice system spends too much time on people that arent a threat to others, and not enough on people that are. Petty criminals serve more time than drunken driving killers.
I want the guy found possessing meth to go to rehab, and the guy dealing it to get the death penalty. Ok that's a little strong.
Anonymous
Post 01/04/2021 10:30     Subject: Fairfax county prosecutor no more cash bail, no mandatory minimum and soft on felons

Anonymous wrote:
Anonymous wrote:Can someone clarify....arrestees for violent offenses are just not released, right?

They're at least making a distinction between 'breaking into cars' and 'caught with some meth' versus 'rapes on the WOD trail' or armed robbery, right?

right?


The ignorance about our own justice system is astonishing. Eliminating cash bail doesn't mean everyone gets released pretrial. As someone noted, the federal system doesn't have cash bail, and people who are considered dangerous to the community are held pending trial. It just means that people who are not considered dangerous to others don't sit in jail for the sole reason that they can't pay bail.


this, bail is meant to guarantee your appearance in court and helps to mitigate the risk of flight. I.e. if you don't show up the bail is forfeit. This is totally different from detention based on a danger to society. In practice, the inability to pay bail gives prosecutors leverage over poor defendants sitting in jail because the can't afford bail to plead guilty because that is often less jail time than pre-trial detention.
Anonymous
Post 01/04/2021 10:26     Subject: Fairfax county prosecutor no more cash bail, no mandatory minimum and soft on felons

Anonymous wrote:
Anonymous wrote:I’m not sure the prosecutor has much control over the conditions of release, if any, a court might say sponte impose. As for mandatory minimums, the prosecutor might control that by not charging certain offenses but beyond that it would again seem up to the court.

As for mandatory minimums doing harm in “certain communities,” that would be true if you mean the community of violent recidivist felons who fail to respond to corrections imposed for prior convictions.


You didn't read the article, and I'm not sure OP did either.

The prosecutor said Fairfax would stop using mandatory minimums in plea deals. He did also say he'd ask the legislature to abolish mandatory minimums, but that of course is up to the legislature. It is not up to the court, that is the "mandatory" part.

It's true that a judge can impose conditions of release without the prosecutor requesting them, but the prosecutor not asking for bail greatly reduces the likelihood of bail being one of those conditions. There are other conditions of release such as participation in drug treatment. Interestingly, studies done in other counties where cash bail is eliminated show that eliminating it has little or no impact on people actually showing up for court. Eliminating cash bail also reduces recidivism, as even a few days in jail pending trial can cause people to lose their jobs.


+1

The number of people who just jump to outrage and preexisting caricatures of progressives is nuts. Read the damn article, at a minimum.

Also, the sheer amount of ignorance on the criminal justice system is disturbing. Mandatory minimums are NOT up the court. That's the point of them. Indeed, many judges dislike them, too. And cash bail, which does not exist in the federal system, is harmful. People can end up sitting in jail just because they don't have the money to pay the bail, and not because anyone thinks they are a flight risk or a danger to the community.
Anonymous
Post 01/04/2021 10:21     Subject: Fairfax county prosecutor no more cash bail, no mandatory minimum and soft on felons

Anonymous wrote:Can someone clarify....arrestees for violent offenses are just not released, right?

They're at least making a distinction between 'breaking into cars' and 'caught with some meth' versus 'rapes on the WOD trail' or armed robbery, right?

right?


The ignorance about our own justice system is astonishing. Eliminating cash bail doesn't mean everyone gets released pretrial. As someone noted, the federal system doesn't have cash bail, and people who are considered dangerous to the community are held pending trial. It just means that people who are not considered dangerous to others don't sit in jail for the sole reason that they can't pay bail.
Anonymous
Post 01/04/2021 10:17     Subject: Fairfax county prosecutor no more cash bail, no mandatory minimum and soft on felons

Can someone clarify....arrestees for violent offenses are just not released, right?

They're at least making a distinction between 'breaking into cars' and 'caught with some meth' versus 'rapes on the WOD trail' or armed robbery, right?

right?
Anonymous
Post 01/04/2021 01:45     Subject: Fairfax county prosecutor no more cash bail, no mandatory minimum and soft on felons

Anonymous wrote:No cash bail, no mandatory minimums? Sounds good to me.


Just a matter of time before the pendulum swings the other way
Anonymous
Post 01/03/2021 10:58     Subject: Fairfax county prosecutor no more cash bail, no mandatory minimum and soft on felons

Anonymous wrote:FYI there is not and hasn’t been cash bail in the federal system for decades, and the effect is that a lot of people are detained. (Rich folks occasionally do put up bond or offer to, like Ghislaine Maxwell, but the decision to retain or not is made independent of the ability to pay bond, and most of those who are released don’t have to pay.) So I’m skeptical that the abolition of cash bail really improves the position of criminal defendants in the long run, though it definitely reduces the unfairness of being held on minor charges solely because you’re poor (which is worth it on its own). But it also means that lock-em-up folks like OP are misguided in supporting cash bail.


Unless the point is actually that poor people should be imprisoned.
Anonymous
Post 01/03/2021 10:49     Subject: Fairfax county prosecutor no more cash bail, no mandatory minimum and soft on felons

FYI there is not and hasn’t been cash bail in the federal system for decades, and the effect is that a lot of people are detained. (Rich folks occasionally do put up bond or offer to, like Ghislaine Maxwell, but the decision to retain or not is made independent of the ability to pay bond, and most of those who are released don’t have to pay.) So I’m skeptical that the abolition of cash bail really improves the position of criminal defendants in the long run, though it definitely reduces the unfairness of being held on minor charges solely because you’re poor (which is worth it on its own). But it also means that lock-em-up folks like OP are misguided in supporting cash bail.
Anonymous
Post 01/03/2021 09:38     Subject: Fairfax county prosecutor no more cash bail, no mandatory minimum and soft on felons

Anonymous wrote:Criminals are rejoicing


Please cite this claim.