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Category Archives: Prosecutorial Discretion

Virginia Lawyers Weekly Bar charges prosecutor with discovery misconduct (“The Virginia State Bar has charged a prosecutor with ethical misconduct for allegedly failing to share helpful evidence with a criminal defendant’s attorney. Through her attorney, the prosecutor said she did not know about most of the evidence in question, and did not believe that other […]

THE GRAND JURY PROCEEDINGS VIOLATED DEFENDANT’S DUE PROCESS RIGHTS The grand jury’s ability to safeguard accused persons against felony charges which it believes unfounded is an attribute of due process of law inherent in the grand jury proceeding; this attribute exists for the protection of persons accused of crime before the grand jury, which is […]

October 21, 2015 In re Matthew Keys To Whom You May Concern: Along with Tor Ekeland and Mark Jaffe, I represent Mr. Keys in a criminal court case involving convictions for violations of the Computer Fraud and Abuse Act (“CFAA” 18 USC section 1030).  Mr. Keys is a journalist and maintains that he was in […]

Jay Leiderman on prosecutorial discretion and the lack of its exercise in CFAA cases “The days of ‘Let’s haul this kid in front of the judge, scare him and send him home with a warning’ are long since gone,” says attorney Jay Leiderman. “ Prosecutorial discretion is a great thing if it’s exercised, but it […]