Legal Question in Criminal Law in Florida
Judge's Ruling
Is it possible for a State Attorney to overrule/override a judge's decision? Charges were initially Armed Burglary and the magistrate judge dropped charges down to Trespassing.
1 Answer from Attorneys
Re: Judge's Ruling
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
The State Attorney can refile charges of a greater degree if they have the evidence to support it. At the original hearing, the evidence was not presented and testimony from witnesses was not available. It will be up to the State to prove any charges filed.
Scott R. Jay, Esq.
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