Legal Question in Criminal Law in Florida

I file in the clerk of court a motion to take a hearing off the calendar and I had given the judge a courtesy copy. The judge then filed my copy after the hearing. I have 2 filing one before the hearing which I filed and the other filed by Judge or her asst after the hearing. The filing by judge in clerk office appeared that a filed after the hearing.Can a judge file a motion on behave of a witness without his authorization or knowing? If not what can I do correct this as it relates to Florida law?

Thanks in advance


Asked on 8/23/12, 9:45 pm

1 Answer from Attorneys
Joseph Justice The Justice Law Firm

I am speculating that the judge forwarded the motion to the clerk as standard practice. Many times people who do not understand the court system simply send things directly to the judge. The judge's assistant then forwards copies to the clerk, state, and defense in order to be certain that there is no appearance of ex-parte communication. I doubt there is anything that needs to be corrected.

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Answered on 8/24/12, 6:39 am


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