tag:blogger.com,1999:blog-4098620.post4535905010501561527..comments2024-03-15T04:02:42.341-04:00Comments on CrimLaw: Private ProsecutorsUnknownnoreply@blogger.comBlogger2125tag:blogger.com,1999:blog-4098620.post-29399492689650783242015-10-20T21:28:46.684-04:002015-10-20T21:28:46.684-04:00While I've never seen that question addressed ...While I've never seen that question addressed directly, I think that you are definitely correct as far as any felonies go. Commonwealth Attorneys (and in some cases the Attorney General) are the only entities with authority to prosecute them. Statutorily, the Commonwealth Attorney is allowed, but not required, to prosecute the top three classes of misdemeanors. If the Commonwealth declines to prosecute, cities and towns may appoint an attorney to prosecute for them if the Commonwealth Attorney agrees to allow it. So technically I think the answer would be that a citizen cannot prosecute a misdemeanor herself. HOWEVER, these waters are muddied by the fact that it is common practice across Virginia for officers to stand alone and prosecute cases in which they are fact witnesses. There is an argument that a citizen who is a fact witness should be able to do the same thing standing alone without an attorney. There is also a counter argument that an officer is presumed to possess no interest or bias in a case (he is not pressing a charge as a way to do an end around on more difficult and expensive civil litigation). A citizen, particularly one who would be due restitution, is not entitled to that presumption. As far as I know this is an unanswered question. Personally, I think the second argument is more persuasive legally because it tracks more with the given rationale for the limitations on private prosecutors.Ken Lammershttps://www.blogger.com/profile/15646250142814585354noreply@blogger.comtag:blogger.com,1999:blog-4098620.post-56213366714388123902015-10-16T09:37:27.623-04:002015-10-16T09:37:27.623-04:00Okay, so dumb question...does this mean that a com...Okay, so dumb question...does this mean that a complaining witness who obtains a warrant, and has a case that involves restitution, can't prosecute that case if the CA doesn't want to participate?Piedmontnoreply@blogger.com