Legal Question in Criminal Law in Florida

How common is it for your Judge or any DCJ for that matter, to vacate his/her referral of a 2255 petition to a magistrate ... just as the case is ripe for decision ... and rule on the case himself? Say, in how many 2255 petitions out of a hundred would a DCJ do this?

Asked on 2/02/20, 10:15 am

1 Answer from Attorneys

Craig Epifanio Craig Epifanio, P.A.

Every case is different, all facts are different, every judge is different, so it really is impossible to answer your question. Certain cases maybe 50% of the time while others may be 0% of the time. I suggest you talk to the attorney handling the 2255 to get a better idea.

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Answered on 2/02/20, 12:07 pm

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