06/03/2026
FOR IMMEDIATE RELEASE
[email protected]
June 3, 2026
NOT All Thrown Out: Arlington Prosecutors Confirm Cox Indictments Under Active Appeal
June 3, 2026, Arlington, VA — Yesterday, a WJLA (7News) news article, containing a misleading headline regarding Commonwealth v. Cox was published. Contrary to the headline’s assertion, the indictments related to loitering charges do not mean the end of the charges against Mr. Cox.
Rather, the matter is part of an ongoing legal process. Following a ruling at the trial court level, the Office of the Commonwealth’s Attorney took prompt action to challenge a ruling that the loitering statute, with which Mr. Cox was charged, was unconstitutionally vague. The Commonwealth immediately appealed the trial court’s decision on April 15, 2026. An interlocutory appeal such as this, while other charges remain pending, is unusual.
The Court of Appeals of Virginia granted the petition for appeal on May 12, 2026. The Office of the Attorney General, led by Attorney General Jay Jones, currently represents the Commonwealth on this appeal -- as it typically does on appeals. That process requires briefing of the issues by the Commonwealth, a response from the defendant, and a reply from the Commonwealth, and possibly oral argument in front of the Court of Appeals.
While appeals by defendants are routine, the Commonwealth is permitted to appeal under very limited circumstances, such as these, where a statute was held to be unconstitutional before trial. The case remains active in two ways: first, the appeal is active and if the Circuit Court’s ruling is overturned, the Commonwealth will proceed with the loitering charges. Second, there are remaining charges live and pending, but on hold until the resolution of the appeal: five counts of indecent liberties with a minor, five counts of indecent exposure, violations related to a Tier III s*x offender’s proximity to children, and one count of identity theft.
Regardless of what the appellate court decisions are regarding the constitutionality of the loitering statute, Mr. Cox will be tried on the remaining charges, and will be sentenced on the charges for which he has already been convicted: two counts of possession of child po*******hy, which together carry a possible sentence of up to 20 years of incarceration.
Commonwealth’s Attorney, Parisa Dehghani-Tafti, while emphasizing that Virginia Rules of Professional Responsibility require attorneys to refrain from making public comment on pending cases likely to go to trial, said, “The Commonwealth remains committed to ensuring that the law is applied correctly and consistently, and to pursuing justice through all appropriate legal channels. We urge the public and media outlets to rely on accurate descriptions of court proceedings as the case continues to move forward.”
Find our official press statement here: https://www.arlingtonva.us/Government/Departments/Courts/Commonwealth-Attorney/Commonwealth%E2%80%99s-Attorney-News/Press-Statement-Re-Commonwealth-v.-Cox?transfer=e8373ba5-894d-48c5-bc09-5e79842a371b
