Legal Question in Criminal Law in Florida

Can an assistant d.a. sit in place of a judge in a proceeding?

Can an assistant district attorney sit on the bench in place of a judge and render decisions? I actually witnessed this happened in a special court called "drug court." Before the d.a. began, he told the people that he was their natural enemy, and then began imposing sentences, such as jail time for relapsing individuals, etc. Some of the decisions made by this person were truly beyond reproach and will help me in a law suit I have filed. my attorney has yet to find any example of how this could happen. I am wondering if anyone has any information.


Asked on 1/31/00, 3:08 pm

1 Answer from Attorneys
Steven Casanova Steven G. Casanova, P.A.

Re: Can an assistant d.a. sit in place of a judge in a proceeding?

In VERY, VERY rare instances. But only if you (the defendant) agrees to the terms/conditions of why the SA is in that function. Typ. drug courts provide for such BUT you have to specifically understand your rights, and what you have wavied. The best bet is for your atty. to check the local court rules, and if he is unfamilar with this type of proceeding/rule go to another CRIMINAL DEFENSE ATTY. Good Luck....

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Answered on 2/02/00, 6:34 pm


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