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Judge: No prosecutor means charges must be dismissed (access required)

The empty podium, Part II

A Fairfax County circuit judge has ruled that criminal charges must be dismissed if the commonwealth’s attorney’s office declines to prosecute. The ruling arises from the decision by Fairfax Commonwealth’s Attorney Steve Descano not to prosecute many misdemeanor cases, often leaving the police officer and the judge to handle presentation of the state’s evidence. It’s a common ...