Legal Question in Criminal Law in California
Can one jugde over rule another judges decision?
My son was stopped by police for not having a tail lite, upon which the police found him to be driving on a suspended licence. He was asked to step out of his car at which time he was search and found to have an illegal substance on him and was arrested. Upon appearing before the judge, the judge threw out the ticket for driving without a licence and order him to appear on the drug charge. When he appeared before the court for sentencing, he was remanded back into custody for not appearing on the issues of the traffic ticket. My question is: if the first judge threw it out,how then can another judge reinstate it and then give community service along with probation? This seems to me to be an injustice of the law, and the public defender refuse to look at the order of the first judge. Thankyou for your time and help
3 Answers from Attorneys
Re: Can one jugde over rule another judges decision?
He is your -son-, and you let him go to court with a public defender??!?
Re: Can one jugde over rule another judges decision?
If the charges of driving with suspended license were dismissed this order cannot ordinarly be reversed by any judge. You should get a copy of the court file and have it reviewed by an attorney. The attorney can then advise you on the best course of action.
Re: Can one jugde over rule another judges decision?
Judge #1 dismissed the charge of driving on a suspended license but did he do anything with regard to the Failure to Appear charge (which is a separate crime)?
It sounds like Judge #2 was concerned about the FTA, NOT the charge of Driving on a Suspended License, so I don't think anyone was "overruled."
By the way, Public Defenders in Southern California are usually brilliant and they receive phenomenal training. They are a little overworked and can't give much TLC as a result, but they are great lawyers.
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