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unconstitutional, the defendant goes free. The Commonwealth’s Attorney has no right to ask an appeals court to review that judge’s decision.
And if a defense lawyer convinces a judge before the trial that evidence was seized illegally or in violation of his client’s right against self-incrimination, that judge’s decision represents the final word: The prosecutor cannot ask a higher court to reverse the decision. Again, the defendant goes free.
Our system of justice bends over backward to protect the rights of the accused. And that’s the way it should be. But there is such a thing as bending too far, and certainly society’s rights deserve protection, as well.
The question on the ballot asks, “Shall the Constitution of Virginia be amended so that the state may be given a right to appeal certain preliminary dismissals and exclusions of
94.2%