Legal Question in Criminal Law in Virginia
procecutorial misconduct?
Scenario: My daughter was charged with misdemeanor Obstruction, for telling an investigator that she did not have knowledge of a robbery. In court, she declined the plea offer in order to stand trial as not guilty. Instead, the prosecutor retaliated by nol processing the Obstruction charge and had her arrested instead for felony Principal in the Second Degree bebore the fact - (for the robbery that she had no knowledge of in the first place).
Are retaliatory practices ethical? Legal? What remedies are available?
It seems like intimidation tactics in an effort to force a plea and avoid trial. If she still refuses to accept a plea offer on the new charge, can they continue to arbitrarily charge her with increasingly serious offenses?
Are there any advocacy groups that monitor these types of practices?
1 Answer from Attorneys
Re: procecutorial misconduct?
The prosecution may continue to charge your daughter with whatever crimes that they have at least some facts to support. (Which in no way implies that these facts will be sufficient at trial to prove her guilt beyond reasonable doubt.)
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