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Can I Request A New Judge For My Case?

Can I Request A New Judge For My Case?

Your Right to a Fair Trial

One of the benefits of the U.S. legal system is that those accused of a crime are entitled to the fairest trial possible. There is a number of steps that work to ensure this right, from the law enforcement that makes an arrest to the judge that is presiding over the case. What many people may not realize is that if a judge in the case is not the best option, the judge can be removed from trying the crime.

Removing Biased Judges in Criminal Cases

Any judge on a case is supposed to be fair and unbiased towards the outcome. If the judge is unable to maintain fairness, anyone on trial is entitled to a new judge to hear their case. It is called a recusal when a judge is removed from a trial in favor of a new one.

Some of the ways a judge can be recused are:

  • Conflict of interest
  • Unfair participation
  • Substantial financial interest
  • Prior representation of an interested party
  • Relative of the judge acting as a lawyer in the case

Do you fear an unfair trial? Schedule a consultation and receive the fairest trial possible!

Who Can Request a Different Judge?

A defendant or defense lawyer can request a different judge. This is started by filing a petition with the court, requesting a different judge. There needs to be substantial reasoning why a judge should be removed and recused. If your reasoning is sound enough, a judge may disqualify themselves from standing on the case.

However, just because a judge can be removed from a case doesn't mean they will be removed. Unless there is a personal connection between the judge and the case, they will not be removed from the court. Their political or philosophical leanings are not enough to force their removal since it is assumed that their training allows them to disregard their feelings.

If someone is seeking the recusal of a judge, it must be done before the judge has made sentencing. Waiting until the sentence has been made can be seen as a waiver of disqualification of the judge, which cannot be considered when making an appeal.

Defense That Will Fight For You

As part of ensuring the fairness of your trail, our Long Island criminal defense attorney will take the time to determine whether or not the presiding judge has any biases in the case. When they do, you have the right to request a new judge to try your case to ensure the fairest trial. If the assigned judge can not be removed, we will stand by you and fight for your future. We have fought hard for previous clients and are ready to do the same for you!

We are ready to provide you with quality defense and ensure you receive the fairest trial possible! Schedule a case review and see how we can help you today!

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