Andy Elders Profile picture
Living in Fairfax with the wife and kids. Public defender. Board Chair at @JusticeFwdVA. Cardinals & Blue Devils fan. Democrat, democrat. He/Him.
May 10, 2023 10 tweets 2 min read
Okay let’s talk about this a little more. Josh says he’s a reformer and frames himself as having the “courage” to speak out against Parisa. But where was that courage during his tenure under Theo Stamos, when Arlington’s CA office was a shockingly regressive place? 1/10 For years, Arlington was a criminal justice black hole. Many defense attorneys refused to practice there because the procedures, established by the bench and CA’s office, were so harsh. People’s rights were ignored, especially if they were Black or Latino. 2/10
Sep 28, 2021 21 tweets 4 min read
Another obstacle to justice reform seems to be spreading to Fairfax recently. A few circuit court judges have made news by harshly criticizing and rejecting pleas in the past month. A thread on why rejecting sentencing agreements is bad and who's pushing these news stories. 1/21 First, it's important to understand what we're talking about here. Sentencing agreements are used in negotiations to limit the amount of time someone can serve if he pleads guilty. These agreements limit a judge's discretion at sentencing and limits the risk to the accused. 2/21
Jan 30, 2021 15 tweets 5 min read
THREAD: We need to talk about mandatory minimums and the Bad Cases. Reform opponents want to use these cases to justify carve-outs or otherwise water down full abolition of mandatory minimums. Here’s why they’re wrong. 1/15 First, most of the very worst cases don’t involve mandatory minimum sentences. Murders, most rapes and sex offenses, robberies, and serious assaults (even those resulting in permanent disability) are not punishable by man mins. 2/15
Jan 13, 2021 10 tweets 5 min read
THREAD: This is an astounding number that makes a clear case for why we need to #endmandatoryminimums. Prosecutors & police make choices about what to charge and what plea offers to make. Those choices are affected by structural and historical racism, and this is the result. 1/10 Mandatory minimums were intended to bring "uniformity" to sentencing, reducing discretion. But in practice, they create a two-tier system: one group of people gets a break, but the other group gets mandatory minimums. Empirically, Black people are less likely to get a break. 2/10
Oct 15, 2020 16 tweets 7 min read
THREAD: I want to share a story about SB 5007, which ends mandatory jury sentencing in Virginia. Mandatory jury sentencing denies ~80% of those accused of crimes in Virginia a jury trial by coercing them into unfavorable plea agreements. But not everyone gives up that right. 1/x I had a client about seven years ago who was charged with a robbery, which carries a five-year jury minimum in Virginia. He didn't do it, but an eyewitness identified him. Despite there being no other evidence that he had done this, he was arrested and held pretrial. 2/x
Sep 15, 2020 11 tweets 3 min read
THREAD: Extremely disappointing to hear @mikemullin4VA call for the House to send SB 5007 for further study. This bill ends mandatory jury sentencing, which prosecutors use to deny 80% of defendants their right to a jury trial. We say that practice needs to end immediately. 1/11 Mullin argues that changing criminal procedure is like building a bridge. "We don’t build a bridge without finding out how much it’s going to cost," he says. But this analogy doesn't hold. Building a bridge costs something up front. Changing criminal procedure costs nothing. 2/11