April 23, 2007

Opinion inquiring if an individual is arrested on a Friday evening after normal working hours can the municipal judge on weekend duty handle the matter and allow the defendant to pay the fine and be released or must the defendant wait until he can be brought before a judge that actually imposed the sentence. And if the sentencing judge is unavailable for reasons such as vacation, illness, or on personal leave, must the defendant also wait until the sentencing judge returns in order to be brought back before the sentencing judge.

Requested by: The Honorable B. Lee Miller, Municipal Court Judge

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