Can you appeal a Magistrate Judge’s decision if you feel they are being overly harsh?

A person was written a check that did not clear. He went to court and was given extended time. He was still unable to pay. Was sent to jail on a bench warrant. When he went before the judge again he was sentenced to pay the fine and 1 year probation. Not sure what happened at that point but he was then sentenced back to jail to be held over for the next court day over 30 days away. An offer was made for someone to pay the check amount plus fines but it is unaccepted. What legal action can be taken at this time to get the person released from jail. All this over $85.00 bad check.

Asked on August 14, 2012 under Criminal Law, Georgia

Answers:

Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 8 years ago | Contributor

An appeal can always be filed with a higher court than that of the magistrates. On Appeal, the appellate court will determine whether or not the magistrate or judge abused their discretion in their sentencing of the defendant. This can be costly and timely, but if the appeal is granted, the person could be released from jail sooner.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.