Legal Question in Criminal Law in Florida

can a judge who was not commissioned reside on a case and send someone to prison


Asked on 5/25/10, 6:41 am

1 Answer from Attorneys
Craig Epifanio Craig Epifanio, P.A.

What do you mean not commissioned. All judges in Florida are elected and sworn in. Therefore, they have authority to send someone to jail or prison depending on whether it is county court or circuit court. Magistrates on the other hand are not elected and they can not send someone to prison (under state law, however, under Federal law a Federal magistrate can).

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Answered on 5/25/10, 11:36 am


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