Legal Question in Criminal Law in Mississippi
warrant
Can a judge with a personal relationship with the victim of a crime be the person who issues a warrant pertaining to that crime?
Asked on 3/04/09, 12:27 pm
1 Answer from Attorneys
Wayne Woodall
Wayne Woodall Attorney
Re: warrant
A Judge has to have reasonable grounds and probable cause to believe a crime to have been committed and that a certain person committed the crime in order to be able to issue a Warrant. Personal knowledge of the credibility of the Victim would not prevent issuance of a Warrant. It may be grounds for recusal in a trial on the issue of Guilt, because of a propensity to believe the person with whom the personal relationship exists. However, in some instances, the existence of the personal relationship may also support the fact that the Judge questions the credibilty of the Victim in a trial.
Answered on 3/04/09, 1:00 pm
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