LOUDOUN COUNTY, Va. — In an effort to address and crack down on violent crimes and felonies, the Loudoun County Office of the Commonwealth's Attorney in Virginia wants to re-prioritize who prosecutes certain misdemeanor charges, according to a letter to local judges.
Attorney Buta Biberaj announced in a letter, which was addressed on Dec. 30, that their attorneys will focus on the "prosecution of jury trials in Circuit Court, and crimes that are violent and pose greater harm to our community." This means that misdemeanors such as hit-and-runs and trespassing will be taken on local courts instead.
Cases Biberaj said they need to focus on cases including DUIs and assaults in General District Court and violent crimes in the Juvenile Courts such as crimes against children. Taking on lower-level crimes impacts their availability, the letter stated.
"To better serve our community and to ensure that we are providing safety and justice, we need to reallocate our resources towards the more egregious cases that are being charged by law enforcement and threaten the safety of our community," the letter reads. "The most appropriate way for us to do so Is to redirect our resources towards the crimes of violence and felonious criminal acts."
This change will begin with violations committed after Jan. 16, 2023.
The letter stated that the following cases will be deferred to the court and law enforcement:
- Traffic Offenses
- Traffic infractions (the consequences are fines);
- Reckless driving speeding under 90 mph;
- First offense driving on suspended / no operator's license;
- Hit & run -property damage; eluding;
- Registration and titling offenses.
- Criminal Offenses- includes those offenses that are statutorily eligible for deferred findings:
- Trespass (deferred finding eligible):
- Petty Larceny:
- Possession of Schedule Ill / IV (deferred finding eligible):
- Drunk in Public (max fine is $250):
- Underage Possession of Alcohol (deferred finding eligible):
- Noise Complaints;
- Violations of Ordinances;
- Failure to Appears;
- Trials in Absence (not punishable by jail/fine only).
The letter also stated that they would collaborate with law enforcement partners to provide training and guidance so that they are prepared to present these cases in court.
In a one-on-one interview, Biberaj told WUSA9 that all cases will still be prosecuted. She said officers presenting low-level offenses to the judge is already a common practice.
"What we're talking about are things that already existed but now, what we want to do is to formalize the expectations," Biberaj said. "These other cases, they're still going to be prosecuted. I don't want anybody to think that they're not being prosecuted. It's just the officer would be the primary proponent of facts to the court."
In the memo, Biberaj cited more trials and more bodycam footage and other records in cases. She says the office has been inundated and lacks proper time to prosecute every infraction and low-level offense.
Loudoun County Board of Supervisors Chair Phyllis Randall questioned the reasoning and blasted Biberaj for failing to give them courtesy when she first released the memo.
"Since she has taken office, we have increased the positions in her office by 61% so it's not a matter of her not having resources," Randall said. "I don't know if it's a retainment issue or a hiring issue, but there's clearly a management issue in her office that she's never been fully staffed since she's been here."
Biberaj admitted to having vacancies but says the office is now in a competitive advantage to fill the positions.
Loudoun County Sheriff Mike Chapman was also surprised by the memo, which Biberaj claimed was initiated to simply start a conversation with the judges before seeking input from other stakeholders including law enforcement.
The office has been the execution of the memo on hold as the process, which includes meeting with departments, continues in the county.
"If you commit a crime in Loudoun County, you will be charged," Biberaj added. "If you get charged, you will be brought before the court."
The Loudoun County Sheriff's Office made the following statement in response to the change:
“While we have not received any official correspondence from the Office of the Commonwealth’s Attorney regarding the coming changes in prosecution, we have just been made aware that a memorandum submitted by the Office of the Commonwealth’s Attorney to the General District Court that indicates that law enforcement officers will no longer have assistance from a prosecutor in many General District Court cases.
While we are disappointed in this action by the Office of the Commonwealth’s Attorney, we are doing everything in our power to support our deputies through this transition and will make every effort to ensure that we continue to partner with the community to provide the same great service to the everyone in Loudoun County.”