Is it legal for a judge to take a case to court where the charges were filed in the wrong district?

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Is it legal for a judge to take a case to court where the charges were filed in the wrong district?

I have simple assault charges filed against me on the east side of the county. However they should’ve been filed on the west side.

Asked on March 2, 2011 under Criminal Law, Mississippi

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

With county courts, as long as they are filed within the county, there really should be no problem with which side the case is filed. If your state for some reason has docketing issues with its caseloads, it may be the reason the case was transferred from west to east side. The judge doesn't take a case to court but rather presides over what has been filed in his or her court.  So if the clerk of court has processed the case into what you deem the wrong district, it would have in a criminal matter been discovered already by either the prosecutor or clerk of court.  Each court has certain codes and if the prosecutor had to file in one court, your case would have already been transferred. More likely than not, just like in civil cases and state criminal cases, you can truly file in the court the prosecutor chooses.  This is part of the strategy of most litigators, including criminal prosecutors.


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