Gualala, CA asked in Criminal Law and Federal Crimes for New Mexico

Q: Can a Magistrate Judge be replaced by United States District judge

Would like to remove a magistrate Judge and request US District Judge in a hearing of release

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1 Lawyer Answer

Stephen Aarons

Answered
  • Criminal Law Lawyer
  • Santa Fe, NM
  • Licensed in New Mexico

A: You must proceed to the Release Hearing with the magistrate judge but, if you do not like the ruling of the court, you have a right to appeal to the district judge. On appeal to the district judge, you can present any evidence that bolsters your claim that you are not a danger to the community nor a flight risk during the pendency of the case.

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