Recession Watch: Misdemeanors Won’t Be Prosecuted in Calif. County

[WSJ Law Blog]

Here’s another sign of the times. But unlike one of our previous posts, this one isn’t pretty for defense lawyers.

Law-breakers in northern California’s Contra Costa County, population 1 million, stand to benefit from the county’s budget gap. On Tuesday District Attorney Robert Kochly told his county’s police chiefs that beginning in May, his office will no longer prosecute a host of infractions because he has to lay off 20% of his staff, or about 18 prosecutors.


Which misdemeanors won’t be prosecuted? The list includes non-DUI traffic offenses such as driving with a suspended license and reckless driving, simple assault and battery, lewd conduct, trespassing and shoplifting. Here are stories from the SFChron and ABC News.

Even some felony drug cases involving smaller amounts of narcotics won’t end up in court. That means anyone caught with less than a gram of methamphetamine or cocaine, less than 0.5 grams of heroin and fewer than five pills of ecstasy, OxyContin or Vicodin won’t be charged, according to the Chron story.

But bad boys (and girls) shouldn’t get too cocky: “Core” misdemeanors offenses involving domestic violence, drunken driving, firearms and vehicular manslaughter will still be prosecuted. And the Mercury News reports that the police department says it will still make arrests for all misdemeanors, meaning suspects could spend time in jail, even if they aren’t punished by prosecutors.