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Home / News Stories / Judge can’t dismiss charge unless given statutory authority to do so (access required)

Judge can’t dismiss charge unless given statutory authority to do so (access required)

A trial judge lacks the inherent authority to dismiss a criminal charge on grounds other than the legal or factual merits of the case unless the legislature has authorized such a dismissal, the Virginia Court of Appeals ruled last week. The issue, which was the subject of two Supreme Court of Virginia opinions last year that ...

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