Legal Question in Criminal Law in Florida

Judge
My husband Violated his Felony Probation and is currently incarcerated I was told that he would have to go in front of the same Judge that had issue the probation. But when I read his papers hes going in front of a Judge hes never seen before I would know because I've taken him to court every time and he's always had a Female judge and this person is a male judge. I did some research on his judicial career and it states he became a a judge Jan. 2 2007 and has been civil/family from Jan 2 2007- May 15 2008 and been felony from May 15 2008 - present. My husband was issue to Felony probation in July 2007 so how is it possible that he could have had this judge? What will I have to do to prove that this wasn't the judge, The reason I'm questioning is because this judge has no sympathy on VOP and I know that with a VOP they are not entitled to a bond that it's up to the Judge whether to issue one. Can they just change Judges like that?

Asked on 8/22/08, 8:09 am

2 Answers from Attorneys

Aaron Slavin Slavin Law Firm, LLC

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Re: Judge

YES. They can, and DO, change judges all the time. Most counties have the Judges on a "rotation" that will bring them through family, civil, criminal, etc. It is very common for a Defendant to be placed on probation by one Judge, and then have his/her probation violation heard by another judge. In fact, some counties (like where I live and work in Pinellas/Clearwater) have a seperate Judge that only handles VOP's, so you will NEVER be in front of the same Judge that originally sentenced you. Hope that explanation helps.

Aaron J. Slavin

Answered on 8/22/08, 8:50 am

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