What is the difference between a judge and a magistrate?
The main difference between a judge and a magistrate is the type of court in which they are present and the types of cases they hear. A judge presides in a court of law and is legally qualified to hear and decide any type of criminal and civil case. Judges have the authority to sentence offenders, to grant defendant will appear in court when required.">bail, and to impose fines. Judges also may order restitution or damages to be paid by a defendant. Conversely, a magistrate presides in a court of limited jurisdiction. A magistrate is not empowered to impose prison sentences, nor are they typically responsible for granting defendant will appear in court when required.">bail or any other type of punitive measure. Magistrates more commonly hear minor civil and criminal cases, such as traffic violations, small claims, and local ordinance violations. In Louisiana, the types of court and who presides over them differ by parish. In some parishes, magistrates preside over small claims and traffic cases, while judges generally handle all other criminal and civil proceedings. In other parishes, the same judge may preside over both types of cases. It is important to know the presiding court for the case you are involved in and the difference between a judge and a magistrate.
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