Virginia Tech protesters proposed diversion instead of trial

Mary Pettitt, Montgomery County Commonwealth’s Attorney, said a notice was mailed to those charged, offering them the opportunity to participate in a pretrial diversion program. The program requirements are as follows: Prior to the person’s assigned court date, they must appear in person at the county’s General District Court with a copy of the diversion letter, pay $99 for court fees and complete community service hours within six months.

“If someone accepts the diversion program, they will not have a trial. If they want to have a trial, they always will,” Pettitt said. “In other words, the charges move forward either through the defendant’s choice of program or through a trial, but the charges are not simply dropped. »

Jack Leff, one of the protesters arrested during the camp cleanup on April 28, said most of those arrested had been informed of the program and many were still discussing how to respond to it.

“Some people are accepting it, some people are considering going to court, and a few people are considering suing the university for wrongful arrest,” Leff said. “I think most people are waiting to see” what the best option is once it has been discussed in more detail.

Leff also added that most students were subjected to what he called “academic probation,” which does not carry the same consequences as academic probation.

“This is essentially just a warning, which could land us in serious trouble if we break the law or code of conduct again,” Leff said.

Leff said he was informed of his probationary status the same day he graduated from Virginia Tech.

“I was notified of my probation on May 8, at 10:30 a.m. (a.m.), and I graduated at 1 p.m.,” Leff said. “This could have been the shortest probation in university history.”

Regarding the arrested teachers, Leff said that to his knowledge, they were in a similar situation to the students.

“The faculty received a letter from the university president saying the arrest was on their record,” Leff said. “It doesn’t seem like it will have any immediate consequences, it’s just a way to stop them from doing anything else.”

According to the letter sent to protesters outlining pretrial diversion guidelines, after 12 months, cases against those who comply will be dismissed and eligible for expungement.