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The primary difference lies in their roles and jurisdiction. Magistrates often handle lower-level offenses, like misdemeanors, while judges may preside over more significant cases. In Tarrant Texas, consent to proceed before a magistrate in a misdemeanor case simplifies the court process. It’s essential to know these distinctions to seek the right legal advice.
Magistrates (also called Justices of the Peace) are ordinary people who hear cases in court in their community. They sit in benches of three, including two 'wingers' and one who sits in the centre who has received special training to act as chair, known as the Presiding Justice.
Follow these steps to become a successful magistrate: Earn your bachelor's degree.Study for the LSAT.Enroll in law school.Participate in a clinical education program.Gain professional experience as a lawyer.Network in your industry.Continue your education.
What do magistrates do? Magistrates listen carefully to all evidence given in court and follow structured decision-making processes (such as sentencing guidelines in criminal cases) and case law to reach fair decisions. They are advised on points of law by a legal adviser who sits in court with them.
Magistrates deal with three kinds of cases: Summary offences. These are less serious cases, such as motoring offences and minor assaults, where the defendant is not entitled to trial by jury. Either-way offences.Indictable-only offences.
Magistrate judges are appointed by judges of the district court for a term of eight years. They may dispose of minor criminal offenses and may hold bench or jury trials in civil actions on consent of the parties.
A civil officer or a minor judicial officer in specific areas like district, town, etc is called as Magistrate. The mandate of Magistrate is to handle minor cases. A Judge is not a civil officer neither is he a minor judicial officer.
Role of Magistrate Court The primary responsibilities of the Collin County Magistrate Court include advising the defendants of their rights, determining probable cause, setting bond, and issuing warrants in criminal cases. The Magistrate may also issue and enforce bond conditions.
Per the Texas Code of Criminal Procedure it is the duty of every magistrate to preserve the peace within his jurisdiction by the use of all lawful means; to issue all process intended to aid in preventing and suppressing crime; to cause the arrest of offenders by the use of lawful means in order that they may be
All judges are magistrates. Article 2.09, Code of Criminal Procedure. All magistrates have co-equal jurisdiction with all other magistrates within the county and their jurisdiction is coextensive with the limits of the county.