No-jail, no-attorney bill delayed in Va. House

Before considering a measure to cut back on court-appointed attorneys, some House members want a list of misdemeanors for which prosecutors would not be able to waive jail time.

On Wednesday, the House delayed for a day a vote on HB1394 after some members raised concerns about serious misdemeanors that could slip through the cracks.

The bill has the support of the Virginia Association of Commonwealth's Attorneys, which argues that it is a way to avoid significant layoffs in prosecutors' offices.

Under the legislation, prosecutors are required to tell judges that they won't seek jail sentences for misdemeanors, such as driving drunk, prostitution and stalking. Waiving jail time means that a defendant doesn't need a court-appointed attorney.

The bill's sponsor, Del. Bill Cleaveland, R-Roanoke, argued that prosecutors would know when to request jail time and when to pass.

Opponents of the measure argued that poor defendants may still want a lawyer to defend themselves against the charge, and now would have to hire one or represent themselves.