ROANOKE TIMES

                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: WEDNESDAY, March 15, 1995                   TAG: 9503150069
SECTION: VIRGINIA                    PAGE: C3   EDITION: NEW RIVER VALLEY 
SOURCE: ASSOCIATED PRESS
DATELINE: LYNCHBURG                                 LENGTH: Medium


LYNCHBURG MAGISTRATE UNDER FIRE

Police and prosecutors are troubled by what they see as a revolving door of justice at the city magistrate's office.

They say people arrested while on bond are still being released on their own recognizance or given such low bonds that it's easy to get out.

For example, last month police arrested a man on a charge of possession of cocaine with intent to distribute. He was taken to the magistrate's office, where he was released on his own recognizance.

Less than a week later, the same man was arrested on a drug possession charge. Since one of the stipulations of being out on bond is staying out of trouble, the arrested man could have been put in jail.

Instead, he was released on a second bond.

Police and prosecutors say this occurs so routinely it is making their jobs difficult.

``It happens a lot,'' said Police Cmdr. Wayne Cyrus, head of the department's vice/intelligence unit. ``It's very frustrating, but we have no control over it.''

When it comes to assigning bonds, the magistrate looks at a number of things, including whether the crime was a violent one, employment, how long the person has lived in the community, and past record.

``The purpose of bond is to get people to court, not to punish them,'' said James Stewart, Lynchburg's chief magistrate. ``If we don't do a good job, I'm sure we'll hear from the judges about it.''

Stewart said that in many cases, the magistrate may not have all the information about a case at hand. For example, if someone was arrested twice within a week, odds are the earlier charge will not be in the computer yet, he said.

Police and prosecutors say the reason they are given for the easier release is crowded jails. The jails are so crowded that people arrested for nonviolent crimes, such as drugs or failing to appear, are released.



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