LEESBURG, Va. — The top prosecutor of Loudoun County may want to shift away from handling some misdemeanor cases, but there are still questions of what the potential impact might look like.
Loudoun County Commonwealth’s Attorney Buta Biberaj sent a memorandum to judges in late December that signaled a change in who is responsible for prosecuting certain traffic offenses and low-level criminal acts. Some of the charges include first offenses of driving without, or on a suspended license, eluding, trespassing, petty larceny, public intoxication and hit-and-run resulting in property damage.
Lorie O’Donnell, the county’s public defender, said she still has yet to discuss the memo with other leaders, but believes the memo is a bad idea.
“It could ultimately be harmful to our clients,” O’Donnell said.
In her memo, Biberaj said her office will defer the cases to the courts and law enforcement instead, requiring officers to present the case to a judge. She said her office has been inundated with more trials and increased bodycam footage to review and lacked proper time to prosecute every infraction.
“These other cases are still going to be prosecuted, but it's just the officer would be the primary proponent of the facts to the court,” Biberaj said. “The officer’s training has already taken place through their own agency. They teach them through their mock trials and academies on how to testify in court. We're here in the event that they want additional information or training.”
O’Donnell questions what the decision might look like for her team of 12 defenders, who each takes care of an open case load between 80 and 100.
In some cases, clients have mental health or substance abuse issues or other extenuating circumstances that need to be addressed.
“I've been doing this for 30 years and we've always been able to go to a prosecutor to discuss these situations to present these mitigation information or insinuating circumstances regarding why a defendant may find themselves in a position they find themselves,” O’Donnell said.
She also expressed concerns on the potential bias.
“It's not an officer’s job to prosecute and I don't know how they get past their bias if they're the ones who brought the charges,” O’Donnell added. “With all due respect to law enforcement, how can they look at it objectively to see whether or not the prosecution is there and whether or not they violated the law? I don't think it's fair to them and our clients.”
According to the memo, Biberaj wanted the changes implemented after MLK Day but it has been put on hold as the office continues to seek input.
As of Tuesday morning, the Loudoun County Sheriff’s Office and Town of Leesburg Police Department said they have yet to hear from Biberaj.
“The Office of the Loudoun County Commonwealth’s Attorney (OCA) has not yet reached out regarding the changes in prosecution by their office of certain misdemeanors and other offenses,” a spokesperson for Leesburg Police said. “The Leesburg Police Department looks forward to hearing from OCA regarding these changes which will affect many of our cases.”
Biberaj says it's not an uncommon practice for police to already be involved in court cases. But she stresses this doesn't mean criminals won't be held accountable; no matter the charge, she says they'll still face prosecution.
“Depending on the serious of the offense, you will still be before the court and you will be held accountable,” Biberaj said.