If a case is transferred from one county to another, can it be retried by another judge?

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If a case is transferred from one county to another, can it be retried by another judge?

My husband is presently facing felony charges of possession. He was pulled over for speeding in his ex-girlfriend’s car. They took the dashboard off and found 4 prescription pills. He was told by the attorney assigned to him that he could face jail time if he pled not guilty. So, he took a plea deal in orange county to include drug classes and NA meetings. Upon completion, it would be removed from his record. We then had the case transferred to Pasco County and the judge did not agree with the “deal” and issued probation as well. It will also remain on his record as per this new judge. Can he do that?

Asked on May 14, 2011 under Criminal Law, Florida

Answers:

M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Unfortunately, it does not sound like the terminology that you are using in your question is accurate, and your choice of words greatly affects your query.  This case was never "tried" in the first place, therefore it was not "re-tried" by the second judge.  A case is "tried" when it goes to trial.  That means picking a jury, presenting evidence to the jury, and having the jury render a verdict.  What your husband did was enter into a pretrial negotiation.  It is unclear under what circumstances the case was transferred from one jurisdiction to another; therefore, I am unable to tell whether what the second judge did was proper or not.  If your husband accepted a certain deal, and the court later violated the terms of the deal, then it might be possible to have some recourse.  In any event, I suggest that you consult with a local criminal defense attorney to discuss this matter in greater detail in order to fully evaluate your husband's options at this point in time.


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