law and sentence in a Magistrate's court?
823861
The Magistrates Courts Act 1980 probably has the answers.\n1:- \n\n(1) Upon an information being laid before a justice of the peace . . . that any person has, or is suspected of having committed an offence, the justice may, \n\n(a) issue a summons directed to that person requiring him to appear before a magistrates' court . . . to answer to the information. . . \n\n\n2:-- \n\n(1) A magistrates’ court has jurisdiction to try any summary offence. \n\n(2) A magistrates’ court has jurisdiction as examining justices over any offence committed by a person who appears or is brought before the court. \n\n(3) Subject to: \n\n(a) sections 18 to 22 below, and \n\n(b) any other enactment (wherever contained) relating to the mode of trial of offences triable either way, \n\na magistrates’ court has jurisdiction to try summarily any offence which is triable either way. \n\n(4) A magistrates’ court has jurisdiction, in the exercise of its powers under section 24, to try summarily an indictable offence. \n\n(5) This section does not affect any jurisdiction over offences conferred on a magistrates’ court by any enactment not contained in this Act. \n\n\n11:-- \n\n(1) Subject to the provisions of this Act, where at the time and place appointed for the trial or adjourned trial of an information the prosecutor appears but the accused does not, the court may proceed in his absence. \n\n\n17A:- \n\n(1) This section shall have effect where a person who has attained the age of 18 years appears or is brought before a magistrates’ court on an information charging him with an offence triable either way. \n\n(2) Everything that the court is required to do under the following provisions of this section must be done with the accused present in court. \n\n(3) The court shall cause the charge to be written down, if this has not already been done, and to be read to the accused. \n\n(4) The court shall then explain to the accused in ordinary language that he may indicate whether (if the offence were to proceed to trial) he would plead guilty or not guilty, and that if he indicates that he would plead guilty-- \n\na) the court must proceed as mentioned in subsection (6) below, and \n\n(b) he may be committed for sentence to the Crown Court under [section 3 of the Powers of Criminal Courts (Sentencing) Act 2000] if the court is of such opinion as is mentioned in subsection (2) of that section. \n\n(5) The court shall then ask the accused whether (f the offence were to proceed to trial) he would plead guilty or not guilty. \n\n(6) If the accused indicates that he would plead guilty the court shall proceed as if-- \n\n(a) the proceedings constituted from the beginning the summary trial of the information; and \n\n(b) section 9(1) above was complied with and he pleaded guilty under it. \n\n(7) If the accused indicates that he would plead not guilty section 18(1) below shall apply. \n\n(8) If the accused in fact fails to indicate how he would plead, for the purposes of this section and section 18(1) below he shall be taken to indicate that he would plead not guilty. \n\n(9) Subject to subsection (6) above, the following shall not for any purpose be taken to constitute the taking of a plea-- \n\n(a) asking the accused under this section whether (if the offence were to proceed to trial) he would plead guilty or not guilty; \n\n(b) an indication by the accused under this section of how he would plead. District Judges (Magistrates’ Courts) \n\n\n\n19:-- \n\n(3) The matters to which the Court is to have regard under subsection (1) above are the nature of the case; whether the circumstances make the offence one of a serious character; whether the punishment which a Magistrates Court would have power to inflict for it would be adequate; and any other circumstances which appear to the Court to make it more suitable for the offence to be tried in one way rather than the other\n\n24:-- \n\n(1) Where a person under the age of 18 years appears or is brought be
637393
hope this helps, get that B.....\n\nhttp://www.in.gov/judiciary/rules/small_claims/index.html
1170139
If you are just worried about  getting in trouble with the law I wouldn't worry too too much. As long as you have a clean record, show up to court on time and present yourself in a respectable manner (no shorts, jeans, sandals or t-shirts, all clothing neat and wrinkle free, pants pulled up to waist and worn with a belt- no undies showing; personal appearance-well groomed, neatly shaved) and are polite to the judge, etc- you should get it dismissed or a small ($50-100) fine.
23305
Here's a link that shows the average sentences for all kinds of crimes:\n\nhttp://www.state.co.us/gov_dir/leg_dir/lcsstaff/research/PRISONTable5-3.htm
128631
This depends on the state you are in and the judge that you get. There is a range of sentences, and it varies by state.
305947
It depends on a ton of stuff. Was a weapon used? Is it state or local court? If a weapon or something can be perceieved as a weapon you are looking at roughly 5 years. Also if the person was permanantly injured they can try you under something different... forgot what it was called.. but they can get you for up to 20 years for that, though they rarely do.. give me a few and I will remember what that was called, its an odd word.\n\n\n-I think it's called "Malice" you never see it used in court anyhow, the sentences are pretty high, 99% plea to something lesser.
911735
Court?  City?  State?
751395
Violation of a court order makes the person subject to charges of contempt of court, in addition to any other violations. \n\nWhat the court chooses to impose as the penalties for contempt can vary, based on how serious the violation was, what happened, and how likely the court is to think it might happen again. It's pretty much all up to the judge.
956114
Yes. You just need to petition the sentencing court. The judge with consider it and make a decision.
490232
Misdemeanor or felony; the answer varies from state to state.  It also depends on what court the case was filed on.  \n\nIf it was filed in a city magistrate court it will be a misdemeanor.  The city, however, has the option of bringing it to the higher (superior) court for felony charges.  \n\nThe individuals' background, criminal history, and of course local rules all play a factor in the decision.
490915
Typically, A defendant is formally charged with a crime in court. A Plea is offered. If not Guilty, a date of trial is set and a Bail amount set for pre trial release.
319754
the question should be, should a judge discriminate. the answer is no but he can.  however i have learned that there is always more to a story. who recieved the brunt of your swearing? what was your attitude and body language in court? do you have a record and what does that look like? the questions are unlimited. also take note that a judge has a window to work from when handing down a sentence from minimal penalty to the max. as long as the judge remains in that box.. you really have to have concrete evidence of prejudice. it sounds like your punishment was some type of community service.  who would waste a chance to be prejudice on something so minor.  not me.. by the way in some areas this would be a violent crime.. assault.. domestic violence or worse. so i would be satisfied with what i got. finally learn from this situation.. to quote the words of a song i love.. you  gotta  know when to hold em, fold em, walk away or run. u should have ran.
108197
a county judge deals with minor - or viewed as such - matters. Local fraud, abuse, children...etc.\nMurders go to a higher judge. The Supreme Court usually.
378778
I'm sure there's a minimum and maximum sentence... and those would likely be dependant on the laws of the state.  Most states are probably similar, but you should consult with the laws of the state you are in.  \n\nIn actuality, the number of years you would get if convicted would be determined by the judge at sentencing time.  It would be no more than the maximum sentence.. unless there were more charges or multiple counts.
253117
JeffAV and Queenapachi are answering 'Appeal against Conviction' which is totally incorrect.  Appeal against Sentence - after being convicted by a Magistrate, a Judge and Jury or in fact having pleaded Guilty - is where the appellant (the person appealing)considers the punishment too severe and is in fact asking for a reduction.  There is a facility now in the UK whereby if the Prosecution believes that the sentence of a court was too lenient (low) they can appeal asking that it be increased.   Many years ago if a person appealed against severity of sentence, the appeal court judge had the right to increase the sentence.  This used to prevent many unworthy appeals.
474998
It depends on the judge.
330913
Ask you attorney or look in the your state's penal code book.