Legal Question in Criminal Law in Florida
I just want to know if it's legal for the prosecutor to meet privately with the judge without the defendants lawyer and change the case from a juvenile to an adult case?
Asked on 9/03/09, 7:22 pm
1 Answer from Attorneys
Leland Garvin
Garvin Law Firm
It would not be legal if the prosecutor met with the judge "ex parte" or without one of the parties, here the defendant (or juvenile). Unfortunately, the decision to Direct file (transfer to adult court) is entirely the prosecutors, as long as the statutory requirements are met.
If you would like to speak further about this case I would be happy to chat with you; my office is here in Broward where I previously worked as a prosecutor in both the juvenile and adult divisions.
Take care,
-Leland
Answered on 9/03/09, 8:21 pm
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