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Richmond's top prosecutor: No jail time for those charged with solely violating curfew

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RICHMOND, Va. – The top prosecutor for the City of Richmond says she will waive the possibility of jail time for anyone arrested for only violating curfew during the recent protests in the city.

Last week, Mayor Levar Stoney requested that Commonwealth’s Attorney Colette McEachin drop the charges for peaceful protestors who were arrested for solely violating curfew.

Hundreds of people were arrested the first night it was in place.

In a statement Monday, McEachin said she has an ethical duty to investigate the facts of each case.

"As a prosecutor, I also have the duty to consider the circumstances surrounding an alleged crime and the appropriate disposition of a case. The Governor’s Executive Order established the curfew and classified violation of the curfew as a Class 1 misdemeanor, which can include up to 12 months incarceration and/or a fine of up to $2500,” said McEachin.

“Nevertheless, I will exercise my prosecutorial discretion as Commonwealth’s Attorney and waive the possibility of incarceration for anyone charged solely with violating the requested curfew."

After protests in the city developed into destructive riots and looting on Friday, May 29, and Saturday, May 30, a three-day curfew was enacted in Richmond beginning at 8 p.m. Sunday evening through Wednesday morning.

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