2.7 The Commonwealth’s Attorney

• Library: Juvenile Law and Practice in Virginia (Virginia CLE) (2018 Ed.)

2.7 THE COMMONWEALTH'S ATTORNEY

2.701 Introduction. The role of the commonwealth's attorney in juvenile criminal proceedings is very different from that of a prosecutor in adult criminal proceedings. ¹⁹⁰ In juvenile proceedings, the commonwealth's attorney is not only a prosecutor but also often a mediator, counselor, and advisor.

Occasionally the commonwealth's attorney must act as a mediator in pretrial conversations with the victim and the defendant's attorney to reach a resolution that benefits both the victim and the defendant. The resolution of the problem may result in a reduced charge for the defendant or in a decision by the prosecutor and the victim not to proceed with the trial.

When more serious crimes are involved, the commonwealth's attorney often becomes a counselor for the victim and the victim's family (such as in cases of sexual abuse). In this capacity, the commonwealth's attorney does not counsel in the same way that a psychologist or other licensed counselor does. Instead, he or she allows the victim and the family to talk about any problems associated with the alleged crime. Also, the commonwealth's attorney makes himself or herself available to answer questions the victim or family have about the court process. It is important that the victim and the family understand the court process and feel comfortable with the commonwealth's attorney's tactical trial decisions. Many jurisdictions also have victim-witness coordinators that help with this type of contact. ¹⁹¹

Usually, the commonwealth's attorney spends most of his or her time as a legal advisor and as a prosecutor. In each of these roles, the commonwealth's attorney's thorough knowledge of statutory and case law is essential.

2.702 Legal Advisor.

A. To Police Officers. The commonwealth's attorney often is contacted by police officers to discuss the facts of an investigation and whether there is probable cause. These discussions usually include the practicality of bringing charges and what the charges should be.

[Page 111]

B. To Intake Officers. The commonwealth's attorney is the in-house advisor to the juvenile intake officers. The intake officers rely on the commonwealth's attorney to advise them about the elements of various charges, probable cause, and whether certain juveniles should be diverted.

C. To the General Public. The commonwealth's attorney answers questions from citizens regarding problems concerning juveniles almost daily. Often, the calls come from parents who are having problems with their children. Occasionally, school administrators will call regarding problems with students. The commonwealth's attorney is often...