The Justice Digest - Issue IX

Arlington County VA Government sent this bulletin at 07/18/2022 04:01 PM EDT
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The Justice Digest - Issue IX

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A Message from Commonwealth's Attorney

Parisa Dehghani-Tafti

Dear Friends,

     We recently celebrated Juneteenth, commemorating the formal abolition of chattel slavery. In a strict sense, Juneteenth marks the occasion on June 19, 1865, when Union Army soldiers in Galveston, Texas, under the direction of General Gordon Granger, announced General Order No. 3, proclaiming freedom for enslaved persons in Texas.  But in a larger sense, on Juneteenth, we mourn the middle passage and remember the generations of Black people who, by the very lives they led, defeated slavery and gave our nation what W. E. B. Dubois called “a new birth of freedom.” 

     We also celebrated Independence Day.  On the 200th anniversary of a different occasion – the signing of the Constitution – the late Justice Thurgood Marshall reminded us that the meaning of the Constitution was not fixed at the time it was written but has changed over time because “we the people” fought to make it better.  Similarly, on this Independence Day, I am reminded that no matter the challenges we face and for all the setbacks we may endure, it still remains up to us – “we the people” - to work toward a more perfect union. 

     Looking to our local community’s criminal legal system, our office remains committed to our core value of safety and justice for all. Since our last issue, following a jury trial our team obtained a conviction for Aggravated Malicious Wounding, Use of a Firearm in the Commission of a Felony as a Second Offense, and two counts of Abduction, stemming from a shooting on August 28, 2019. Our office also resolved a case where the stakes were particularly high because the individual involved is a Deferred Action for Childhood Action (DACA) recipient. The team working the case thought long and hard to explore every option that would hold this person accountable without a potential for deportation.

     At the same time, our jail population remains at historic lows; ours is the only office that does not use preemptory strikes in jury selection, a practice which often has the perverse results of eliminating people of color from the jury pool; and we continue to focus on diversion programs as alternatives to incarceration.  This has included strengthening our partnership with OAR, a community-based nonprofit organization whose main goal is to support a system of justice that is restorative in nature.   

Kind regards,

Parisa Dehghani-Tafti

 

Spotlight Story

      OAR is a community-based nonprofit organization whose main goal is to support a system of justice that is restorative in nature. OAR describes its two areas of focus as “upstream” work and “downstream” work. Its upstream work includes challenging systemic racism in the legal system and throughout society. The downstream work includes supporting those returning to the community and their families post-incarceration, as well as offering alternative sentencing options. This alternative sentencing provides individuals with the opportunity to take responsibility for their actions without the trauma of incarceration while maintaining engagement with their community.

  • What is diversion?
    • As more and more studies are suggesting, punitive measures of punishment are not always the most effective solution for certain offenses. Response to crime is not one-size-fits-all. In addition to supporting the needs of victims, it is vital to the successful rehabilitation of an individual when their circumstances are considered on a case-by-case basis in proportion to the crime committed. Recidivism, community diversion, mental health concerns, financial problems, and the general trauma of incarceration are some of the consequences associated with ineffective punitive measures. In light of this understanding, diversion solutions are often brought to the table. Diversion provides an outlet to keep low-level offenders out of the criminal legal system and reduce incarceration, while continuing to hold people accountable for their actions. Click here to learn more about diversion from the Vera Institute of Justice.
  • Diversion in practice
    • Understanding the application of diversion in practice – not just in theory – is useful to better understand the positive effects that diversion can have.
    • As part of our partnership with OAR and the Vera Institute’s Motion for Justice program, we referred a grand larceny case to OAR. In that case, with the victim’s support, the defendant and OAR worked together to determine his goals to improve his life, mental health, relationships, and to avoid past criminal They then developed specific steps to reach these goals. Some of these steps include continuing education at a local university, volunteering at the OAR office, regularly meeting with OAR and peer support staff, maintaining current employment, completing weekly cognitive-behavioral journaling assignments, checking in with his OAR case manager on a weekly basis, and attending weekly therapy sessions funded by OAR for the next two years. In addition to detailing these goals, the individual and OAR staff made a plan for how to celebrate reaching these goals, as well as how he will be held accountable should he fail to reach them. The specific example of this individual’s case shows the detailed, thorough, laborious process of effective diversion in practice, not just in theory.
  • If you would like to learn more about OAR, click here!

Case Highlights

Diversion at Work - Last fall, an Arlington officer on routine patrol observed an individual behaving in what looked like an intoxicated manner while sitting on his front porch late at night. He was subsequently charged with public intoxication and possession of a controlled substance. This individual was already on drug possession probation in another county in Virginia. While his case was pending in Arlington County court, on the encouragement of the Commonwealth and his attorney, he re-engaged with substance abuse treatment and has been doing exceedingly well. He has been illicit-drug free, received multiple promotions at his job, stayed in substance treatment, consistently checks in with his probation officer, and set up a payment plan to pay fines he owes. Because he successfully re-engaged with substance treatment, the Commonwealth dismissed his case. Had our office engaged in prosecution, his efforts in re-engaging with treatment and his accomplishments in his employment would have been wasted, thus setting back his progress. We commend this individual for his personal accomplishments and wish him all the best going forward.

Shooting Trial - On April 11, 2022, in the Arlington Circuit Court, a jury found Tonie Macklin aka Mumeet Muhammad, guilty of Aggravated Malicious Wounding and two counts of Abduction. (A judge after a bench trial found Mr. Muhammad guilty of Use of a Firearm in the Commission of a Felony as a Second Offense). The charges arose from an incident on August 28, 2019, in an office located in Crystal City. Mr. Muhammad forced his way into his former girlfriend’s workplace, held her and a co-worker at gunpoint, and shot his former girlfriend twice. The Arlington County Police Department showed true heroism when they entered the building during the shooting, tried to use less lethal means to stop him, and even after Mr. Muhammad was shot, an officer helped save his life by inserting his finger into the wound to stop the bleeding. The aggregate potential sentence is life in prison, plus 25 years. Mr. Muhammad remains incarcerated in the Arlington County Detention Facility and awaits sentencing.

Protecting Immigrants - In April, our office resolved a case where the stakes were particularly high because the defendant, charged with a DUI and speeding, is a DACA recipient. Conviction on these charges would have exposed this individual to deportation from the country they have called home since they were a child, to a country they didn’t know. Our team explored every option that would hold this person accountable without a potential for deportation. We all agreed it would serve neither safety nor justice to expose this person to deportation. Instead, we supported safety by crafting a disposition that provided ignition interlock for two (rather than one) years, as well as other conditions that are proven effective interventions to DUI. Also, our office worked hard to seek a punishment that fit the crime for the specific facts of this case. Here, that meant doing our best to ensure that this young DACA recipient was held responsible for their actions without losing their home.

2022 Criminal Justice-Related General Assembly Session Bills Effective July 1, 2022

 

HB 397 Wrongful incarceration; compensation. The formula for calculating compensation to wrongfully incarcerated individuals has been modified to equal $55,000 per year of incarceration, allowing 25 percent of the total reward to be paid as a lump sum and the remaining reward amount to be paid out as a 10-year term annuity.

HB 451 Stalking; venue, penalty. Conduct that occurred outside the Commonwealth may now be admissible in cases against persons being prosecuted for stalking charges.

HB 671 Permanent protective orders; Hope Card Program created. A Hope Card will be issued to any person who has been granted a permanent protective order, which will be a wallet-sized card containing essential information regarding the protective order.

HB 750 Arrest and summons quotas; prohibition. Law enforcement across the Commonwealth – any sheriff, police force, or the Department of State Police – are prohibited from establishing a formal or informal quota that requires a law enforcement officer to make a specific number of arrests or issue a specific number of summonses within a specific timeframe.

HB 756 Bail for a person accused of a crime that is an act of violence; notice to attorney. Magistrates are required to transmit a copy of the checklist for bail determination form to the attorney for the Commonwealth within 24 hours of conducting a bail hearing for a person arrested on a warrant or capias for an act of violence.

HB 920 Careless driving; vulnerable road users. A person is guilty of a Class 1 misdemeanor if that person operates a vehicle in a careless or distracted manner and causes the death or serious bodily injury of a vulnerable road user, and the court is allowed to suspend or restrict the person’s driver’s license for up to six months.

HB 1334 Child abuse and neglect; amends definition, valid complaint. The definition of “abused or neglected child” is amended to include a child who is sexually exploited or abused by an intimate partner of the child’s parent or caretaker and allows a complaint of child abuse or neglect to be deemed valid by a local department of social services.

SB 227 Misdemeanor sexual offenses where the victim is a minor; statute of limitations, penalty. Prosecution of the misdemeanor offense may now be commenced within 5 years after the time an offense has been committed wherein an alleged adult offender has consensual sexual relations with a minor who is 15 years of age or older and the alleged offender is more than 3 years older than the victim. Previously, the statute of limitation was one year.

Employee Spotlight

Katy

Tell me a bit about yourself! Where are you from and where did you go to school?

  • I was born and raised in Ohio. I attended Miami University in Ohio for undergrad, where I studied English Literature. I went to the University of Akron for law school. I’ve been an Arlingtonian for a little over a decade.

What inspired you to work in the law?

  • My dad was a lawyer, so I guess it runs in the family! Being a lawyer was always part of my plan growing up, I just didn’t know what kind of law I wanted to practice. My strengths in school included reading and writing, not math, so the legal profession suited me. When I was in law school, I had a friend who was an intern at the Canton City Prosecutor’s Office. He encouraged me to interview there, so I did, and I loved it! That internship sparked my interest in prosecution and turned into my first job after law school. I worked at the Canton City Prosecutor’s office and Summit County Prosecutor’s office for about three and a half years before moving to Virginia.

Describe your current role here at the OCA.

  • As one of the Assistant Commonwealth’s Attorneys, I work primarily on felony cases. I used to work mainly on drug cases, but I’ve recently transitioned to more property crimes. I also handle some violent felonies, so it’s really whatever comes across my desk. I enjoy the variety.

How long have you been with the OCA?

  • I’ll celebrate five years here in July. When I moved to Arlington, I wasn’t barred in Virginia, so I found a job in the Arlington Circuit Court Clerk’s Office. My goal was to eventually take the Virginia Bar and work my way into the OCA. It took a few years, but I made it happen!

What’s your personal mantra that guides your work?

  • My first boss always said that “failing to prepare is preparing to fail.” That stuck with me, especially when it comes to trial practice. When I first became a lawyer, my dad told me to “be nice to the clerks.” That’s shorthand for “treat everyone in the courthouse with respect,” and that’s something I make a point to do; especially having been a clerk!

When you’re not at the office, what can you be found doing?

  • I’m an avid reader and enjoy spending time outdoors. My husband and I started hiking during the pandemic, and we’ve made several trips to hike the Shenandoah Valley. Most people would say I’m addicted to Orangetheory Fitness classes – which is true. I’m also a bit of a foodie and enjoy going to concerts. I stay busy!

If you weren’t an attorney, what would you be doing?

  • The most rewarding part of my job is helping others, so a career that allows me to do that is important. If I weren’t an attorney, I’d probably be a social worker, or maybe an English teacher. I also have a soft spot for animals, so I’d enjoy working in animal rescue.

PDT Events

Community Fireside Chats with Parisa – With the help of our Community Advisory Board, Parisa is now available for fireside chats! In addition for us to hear from members of the community, these fireside chats provide an opportunity for you, your friends and family to have a casual, yet engaging conversation with Parisa about the work our office does, and criminal justice as a whole. If you are interested in hosting a fireside chat, please email cwa_info@arlingtonva.us to arrange this event.

Restorative Arlington – On May 11th, Restorative Arlington hosted a System Partner Orientation about operationalizing the Heart of Safety program. This initiative aims to provide people harmed by crime greater autonomy in how they seek healing, as well as provide active accountability through “doing sorry” for those who have done the harmed. Through a facilitation process, all parties will work together to determine how to best handle the crime that was committed. Restorative justice has proven effective for healing the trauma suffered by victims of crime while decreasing recidivism. Presenters included Restorative Arlington’s Kimiko Lighty and Liane Rozzell, as well as Impact Justice’s Erica Washington and Cymone Fuller.

Mom’s Demand Action to End Gun Violence – On June 4, Parisa attended the End Gun Violence event organized by the Moms Demand Action organization. This event was during the Wear Orange Weekend when orange is worn to honor gun violence victims and survivors, as well as a way for the community to come together and work towards ending gun violence. Parisa is pictured with Katie Cristol, the Arlington County Board Chair, and J.D. Spain, the President of the NAACP Arlington Branch.

Expungement Fair – We have begun planning an expungement fair! We hope to work with stakeholders to provide citizens with a one stop shop to have their records expunged. Please let us know if your non-profit organization would like to participate in this event, if you are a defense attorney willing to donate pro bono hours, or if you can support the fair in any way!

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