(Updated at noon) The Arlington County Circuit Court rejected a plea bargain that would place a Maryland man on two years of probation for allegedly bringing 50 pounds of marijuana and 400 cartridges of hashish oil into the county.
The suspect is accused of arriving on a flight to Reagan National Airport in November 2018 with a checked bag stuffed with drugs. He was arrested by the Metropolitan Washington Airports Authority at baggage claim.
Commonwealth’s Attorney Parisa Dehghani-Tafti and the attorney representing the alleged drug carrier agreed that the defendant would plead guilty to two felony charges and be placed on probation, wrote the presiding judge. After completing the probation and 200 hours of community service, he would be able to withdraw the pleas to the felony charges and instead plead guilty to two misdemeanor charges while having a $100 fine imposed but then suspended.
Judge Daniel Fiore, II, in a memorandum of opinion that was obtained by ARLnow, said the punishment would not deter the defendant, or anyone else, from carrying large amounts of drugs into Virginia for distribution.
“Virginia jurisprudence has long and consistently recognized deterrence as means for a court to determine an appropriate sentence, no matter the criminal statute violated,” Fiore wrote. “Deterrence disincentives unlawful behavior both for the individual and for society.”
Excerpts of Fiore’s opinion were published in late September in Virginia Lawyers Weekly. A call to judge’s chambers was not returned. Dehghani-Tafti told ARLnow that she could not comment on the case at this point.
This rejected bargain is part of a larger theater taking place across the nation, as some prosecutors are changing their approach to drug crimes and judges are fighting back. The tug-of-war reached Virginia Gov. Ralph Northam, who signed a law last month that would require judges to dismiss charges when both the prosecution and defense agree to a bargain or deal.
Fiore wrote that he rejected the bargain in part because the prosecution and defense had understated how much marijuana and hashish the defendant had. The amounts, once disclosed, merited prison sentences between five and 40 years and fines of up to $500,000, Fiore wrote.
Focusing on the quantity of drugs strikes Public Defender Brad Haywood as a bit naive, considering the defendant was likely a low-level “drug mule” put in a high-risk situation by higher-level drug traffickers. He might not have known the quantity of drugs he was carrying, as mules often do not, Haywood said in an email, adding that mules are often thought of as victims of drug trafficking.
“They are under duress; fearful for their safety, desperate for money, or desperate to feed their own addictions,” he said. “They are easy to manipulate precisely because they are suffering. They can even be pressured into doing something as irrational as traveling on a plane with tons of narcotics.”
Given the risk involved, mules are often caught, Haywood said. Instead of harshly prosecuting mules, however, the government frequently offers them leniency so they can help apprehend the supplier.



















