A county magistrate oversees minor legal matters in a regional court, such as small claims and some criminal matters. They can also issue warrants and handle minor criminal matters. Using a county magistrate can lighten the load on larger courts and benefit law enforcement and the courts.
A county magistrate is a judicial officer who oversees minor legal matters in a regional court. Magistrates preside over a court to hear small claims and some criminal matters, and can also issue warrants at the request of law enforcement agencies. Not all regions use a county judiciary system and in those that do, the scope of the court can vary. Members of the public who encounter the legal system may find themselves facing the magistrate at some point.
In a typical magistrate’s court, the magistrate oversees all cases, hears evidence, and passes judgment. People can request a jury trial, but it is not provided by default. The number of jurors can range from six to 12. As with other courts, the court uses registers of registered voters and drivers to call individuals to jury service. The magistrate may set more days for jury trials each month and request a small pool of jurors to meet the need.
The county magistrate may perform a number of different functions. Law enforcement officers who need arrest warrants, search warrants, and other court orders can request them from the court. Some courts are open late or at odd hours to accommodate requests that arrive at any time, with a county magistrate in charge of handling these requests. Before issuing a warrant, the magistrate needs probable cause from law enforcement.
Small claims, such as disputes between landlords and tenants, can be brought before a county magistrate. The court typically has a monetary limit to determine whether the damages are low enough for the magistrate to handle the case. In cases where more money is at stake, people will need to file their case in a different location. County magistrates can also deal with minor criminal matters and hand down sentences such as fines and prison sentences.
Using a county magistrate can lighten the load on the regional court system by deflecting minor matters. This allows larger courts to focus on larger cases without becoming clogged. Swiftly moving cases to court is a legal mandate in some nations, such as the United States, that promises citizens a “speedy process” under the Sixth Amendment. Handling legal matters more quickly also benefits law enforcement and the courts, as it allows them to work with witnesses and experts while the case is fresh and close cases so they can move on to new investigations.
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