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Home / Opinion Digests / Criminal Law / Concealed weapon case proceeds in prosecutor’s absence (access required)

Concealed weapon case proceeds in prosecutor’s absence (access required)

Where the commonwealth’s attorney declined to prosecute a misdemeanor concealed weapon charge, defendant’s motion to dismiss, based on the prosecutor’s absence, is denied. The court agrees with a recent circuit court opinion, Commonwealth v. Sangha, 2021 WL 1179859 (Fairfax Cnty. Mar. 29, 2021), which concluded that the prosecutor has the discretion not to prosecute misdemeanors. However, in ...