New bill before Virginia legislators would ensure no jail time for many criminal offenders

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Del. William H. Cleaveland (R-Roanoke) has introduced legislation which, if passed, would allow prosecutors to declare, prior to trial, that they will not seek jail time for misdemeanor offenders. It would also make it possible for the court to forgo appointing a lawyer for those who cannot afford one, with indigent arrestees defending themselves.

Del. Cleaveland, along with the bill’s co-sponsors maintain that the measure would save the state untold millions. However, critics of the unusual proposal say it eliminates jail time for too many serious misdemeanors such as domestic abuse, drug possession and first-offense DUI.

Del. Robert Bell (R-Charlottesville) said: “It's just going to be like a traffic ticket. Serious offenses will slip by.”

Some of the misdemeanor offenses which can carry jail time are simple assault, marijuana possession, shoplifting, stalking, sexual battery and prostitution.

Surprisingly, Gov. Bob McDonnell, who ran as a law and order candidate, supports HB1394.

*Reporter’s note: We all know that these are tough economic times, and states across the country are facing enormous budget shortfalls. Virginia, of course, is not immune from this deep recession, and our legislators should be looking for ways to slash spending.

However, this legislation is irresponsible and would keep dangerous criminals on our streets. While domestic abuse and stalking may be misdemeanors, those who commit the offenses often, in time, commit more serious crimes, sometimes even murdering the object of their abuse.

If passed, HB1394 will also result in many defendants seeking the services of criminal defense attorneys. Though the new law would eliminate jail time for the defendant, they would still face heavy fines, probation, and a recorded criminal conviction.

It should also be noted that the bill’s chief sponsor, Del. William H. Cleaveland is a criminal defense attorney. Perhaps, he is tired of working on pro-bono cases.

Del. Cleaveland recently moved his Cleaveland Law Firm into a newly constructed building in downtown Roanoke.

 

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