What were they thinking? Inside the plea deal process.

By Nate Delesline III

Published: June 27, 2008

Regardless of whether we acknowledge it or not, we’re each faced with difficult decisions daily and the staff of the Culpeper County Commonwealth’s Attorney’s Office is no exception.

Tuesday, Assistant Commonwealth’s Attorney David Barredo explained to members of the Criminal Justice Academy how they approach some of those decisions.

A recurring topic during the discussion is how and why prosecutors decide to introduce plea deals or drop charges.

Barredo, a graduate of the University of Virginia and law school at Regent University, explained that despite appearances to the contrary, a plea deal is actually the best option in certain cases.

That’s because it is the obligation of the commonwealth to prove guilt beyond a reasonable doubt. According to Barredo, that is considered a higher standard than probable cause, which is usually sufficient to arrest a suspect for a crime. That standard can sometimes be difficult to achieve when witnesses refuse to cooperate, don’t show up for scheduled legal proceedings, or simply can’t be located, explained Barredo.

So, if the odds are not in their favor, Barredo said, a plea agreement is sometimes the best way to ensure that people do not go unpunished.

And in the event more evidence is uncovered, another motion known as nolle prosequi can be employed to carry out justice. A Latin legal phrase that means “do not pursue”, a nolle prosequi or nol pros as it’s often called, means the charges are indefinitely suspended, but may be reintroduced by the commonwealth later if more evidence is uncovered. That’s critical because in Virginia, there is no statute of limitations on prosecuting felonies.

Young people in the Old Dominion should also take note: if you’re 14 or older and accused of a serious crime, prosecutors may succeed in having you charged, tried and sentenced as an adult.

Some people in the group seemed to have a problem with this and I can understand why. Like so many other things in life, determining someone’s level of maturity is subjective. But I have to side with the commonwealth on this one. By the time you’re 14, you ought to understand that people besides your parents, friends and teachers will hold you responsible for your actions, especially if you’ve put someone’s life at risk or caused them physical harm. If you don’t get this, your family has done you a disservice.

Thus far, I’ve found the intricate workings of the Old Dominion’s legal system fascinating, especially the wordings of some of the legal documents we’ve been given as examples. I’m amused and captivated by the phrasings of the legal documents, which read like great literature to me.

I don’t consider myself a literary giant, but I hope you’ll read next week, as the class learns about the circuit court.

Nate Delesline III can be reached at 825-0771 ext. 110 or .