Legal Question in Traffic Law in Virginia
Is it legal for the Magistrate to change the arresting officers paper work
Asked on 1/15/10, 2:55 pm
2 Answers from Attorneys
Michael Sprano
The Sprano Law Firm, LLP
Yes. The magistrate can make an independent assessment of the facts of the case and issue the warrant for whatever crime he or she thinks is supported by evidence of probable cause. The magistrate is not bound by the officer's initial legal conclusion.
Answered on 1/21/10, 7:38 am
sheryl shane
sheryl shane, attorney at law
What did the magistrate change?
Answered on 1/21/10, 3:28 pm
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