Legal Question in Criminal Law in Georgia

does a judge have to be present at an arraignment on murder charges


Asked on 1/25/11, 11:01 am

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Yes.

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Answered on 1/27/11, 4:44 pm
Lawrence Lewis Lawrence Lewis, P.C.

This question wins the prize for dumbest question asked in the last two years. Unlike what your grammar school teacher told you there are dumb questions.

Does a judge have to be present at an arraignment on murder charges?

Assume the answer is no, then what. Well, there was a judge at the arraignment, therefore all of the murder charges should be dismissed. Duh, that can't be right. Well, how about there was not a judge at the arrignment, so it must be OK.

Assume the answer is yes, then what. Well, there was a judge, so it must be OK. Really? What type of judge? Magistrate Court judge, or Superior Coury judge? Does it matter? It should if a judge being present matters at all. How about the opposite: There is supposed to be a judge, but there was none. What a real dilemma. Do you really think murder charges (remember now someone is dead - somebody's child, maybe somebody's parent is decaying in the ground right now) are going to be dismissed because a judge failed to be at the arraignment for your loved one to enter a plea of not guilty. I know for a fact the plea was not guilty, because if it was guilty, you would not be asking the question if the judge needs to be present for the arrignment, but for the guilty plea.

You really think, murder charges are going to be dismissed because a judge was not present for your loved one to say NOT GUILTY. Get a life. Stop asking stupid questions.

Lawrence

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Answered on 1/27/11, 6:39 pm


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