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Prosecutorial discretion – Fairfax chief prosecutor embraces this path

Prosecutorial discretion (PD) is great when it benefits the accused. As a Fairfax criminal lawyer, I know that the county's chief prosecutor / commonwealth's attorney on several occasions has emphasized his willingness to use such authority, and his directed his prosecutors to do the same,...

Judge pushback on dismissals- Fairfax criminal defense lawyer weighs in

Judge pushback on criminal defense-friendly prosecutorial discretion -- including motions to enter cases nolle prosequi / dismissed, and to amend charges downward -- is taking place in at least one county (Arlington) where a self proclaimed reformist chief prosecutor has been in office since January...

Bench pushback in Northern Virginia addressed by Fairfax criminal lawyer

Bench pushback is here in Northern Virginia, where judges will not automatically rubber stamp mutually agreed requests to dismiss criminal charges nor mutually agreed sentences and suspended imposition of sentence terms and conditions. Some judges will even ponder from the bench about whether certain prosecutorial...

Discretion of prosecutors – Fairfax criminal lawyer’s viewpoint

Discretion of prosecutors- Fairfax criminal lawyer weighs in Discretion of prosecutors in settlement negotiations, providing discovery beyond what is required by the governing rules, and trial stipulations can change from Virginia county to county, case to case, prosecutor to prosecutor, and moment to moment.