A magistrate is a judicial officer, but in the state system, is not a judge. However, in the federal system there are magistrate judges who do hear civil and criminal cases from time to time if the defendant agrees. The magistrate most often comes into the picture in criminal cases when an arrest has been made, or when a warrant of arrest is sought by law enforcement officers or private citizens. If a warrantless arrest has been made, as soon as practicable after an arrest is completed, the arresting officer is required to bring the accused before a magistrate. The magistrate will review the evidence presented by the arresting officer and make a probable cause determination of whether there is sufficient evidence to sustain the arrest. If the magistrate believes there is sufficient evidence for the arrest, he will issue a warrant of arrest, and either set a bail, or hold over the accused without bail until a judge can set the bail. In both the federal and state criminal justice systems, magistrates can issue search warrants. In this regard, the officer seeking a search warrant must appear before the magistrate and swear under oath to facts and circumstances that he believes justifies the issuance of the warrant to search a place, or the person designated in the application. If the magistrate determines there is probable cause based on this evidence to believe that evidence of a crime or contraband will be discovered by the search, he can issue the warrant.

Frequently Asked Questions

 


Q: What does a magistrate do?

A: A magistrate is a judicial officer, but in the state system, is not a judge. However, in the federal system there are magistrate judges who do hear civil and criminal cases from time to time if the defendant agrees.

The magistrate most often comes into the picture in criminal cases when an arrest has been made, or when a warrant of arrest is sought by law enforcement officers or private citizens.

If a warrantless arrest has been made, as soon as practicable after an arrest is completed, the arresting officer is required to bring the accused before a magistrate. The magistrate will review the evidence presented by the arresting officer and make a probable cause determination of whether there is sufficient evidence to sustain the arrest. If the magistrate believes there is sufficient evidence for the arrest, he will issue a warrant of arrest, and either set a bail, or hold over the accused without bail until a judge can set the bail.

In both the federal and state criminal justice systems, magistrates can issue search warrants. In this regard, the officer seeking a search warrant must appear before the magistrate and swear under oath to facts and circumstances that he believes justifies the issuance of the warrant to search a place, or the person designated in the application. If the magistrate determines there is probable cause based on this evidence to believe that evidence of a crime or contraband will be discovered by the search, he can issue the warrant.


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