Legal Question in Criminal Law in West Virginia

Judges ability to dictate what criminal laws to enforce.

Is a judge or magistrate legally able to dictate to law enforcement what state codes to enforce or not enforce. I know they can dismiss them if they want, but can they tell you that you are not allowed to make an arrest for that violation.


Asked on 8/24/98, 6:01 pm

1 Answer from Attorneys
Jes Beard Jes Beard, Attorney at Law

Re: Judges ability to dictate to police or D.A.

Judges are pretty much free to SAY whatever they want.... but I am unaware of ANY state in which the judge actually has any authority or power to do as you suggest.... judges sometimes run off at the mouth about such issues, but they might as well order the rain to fall or the sun to shine. They simply lack such power.

Jes Beard

Jes Beard, Attorney at Law

737 Market St., Suite 601


Read more
Answered on 12/31/98, 1:04 pm


Related Questions & Answers

More Criminal Law questions and answers in West Virginia