Challenging Local Criminal Ordinances In Virginia

Posted Posted in Civil Rights, Criminal Law, Due Process, Freedom of Speech and Press, Religious Freedom

Challenging Local Criminal Ordinances in Virginia Attacking the Validity of a Local Ordinance – A Good Defense! The best defense often is a good offense, even when facing criminal charges. This is especially true when the crime charged is the violation of a city or county ordinance. Defendants can always argue they did not commit […]

Can I sue the prosecutor or the Commonwealth Attorney?

Posted Posted in Civil Rights, Criminal Law

Question: Can I sue the prosecutor or Commonwealth Attorney for malicious prosecution? Answer: Probably Not.  Explanation:  In Andrews v. Ring, 266 Va. 311, 585 S.E.2d 780 (2003), the Virginia Supreme Court explicitly held that the Commonwealth’s Attorney was entitled to absolute immunity from suit alleging malicious prosecution. Absolute immunity is designed to free the judicial […]

“Exculpatory Evidence” – Does the prosecutor have a duty to disclose information which is favorable to the accused tending to negate this guilt or show that he is innocent?

Posted Posted in Criminal Law

With respect to evidence and witnesses, the prosecutor has responsibilities different from those of a lawyer in private practice: the prosecutor should make timely disclosure to the defense of available evidence, known to him, that tends to negate the guilt of the accused, mitigate the degree of the offense, or reduce the punishment. Further, a […]