why would the prosecuting attorney put in for a change of judge right from the start

What happens if the prosecution makes changes to a case?

Aug 07, 2020 · Typically a party will request a new judge because there are facts that indicate the assigned judge may not be impartial. Circumstances that might affect impartiality include: The assigned judge has some financial interest in the outcome of the case. The assigned judge is related in some way to one of the parties.

Can a party change the judge in a civil case?

Jan 29, 2013 · This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts.

Can a judge who once prosecuted the defendant’s case preside over it?

As a former Prosecutor, I can tell you that this happens at times. The other Prosecutor could have been promoted; fired; or changed jobs and the other Prosecutor now has to step in. Given it is an Attempted Murder case, one can venture that it will take some time to get familiar with the case.

How does the judge affect my case?

A family member may also echo this observation and ask if there is a way to change the prosecutor assigned to the case. When we hear such comments, we ask for details. Usually, the prosecutor is not doing anything wrong or unusual and the client’s observation is more a commentary on the adversarial and stark reality of criminal cases in general.

What Happens If You Want to Change Judges?

Changing judges is a common request and each state handles it differently. Many states allow you to easy change a judge if you request the change e...

Can I Change The Judge If I Don’T Like How They Are Handling My Case?

Simply not agreeing with what the judge decides on an issue will almost never be a sufficient reason to change judges. Since every ruling will hurt...

Do I Need An Attorney to Change Judges?

The judge that proceeds over your trial will have a significant impact on your case. You may want to research the judge you have been assigned long...

Eric Matthew Matheny

I was a prosecutor in Miami-Dade County. As people move throughout the office prosecutors, like in many professions, get promoted and move laterally. Prosecutors get reassigned to division all the time. This is nothing new.

Joseph A Matera

As a former Prosecutor, I can tell you that this happens at times. The other Prosecutor could have been promoted; fired; or changed jobs and the other Prosecutor now has to step in. Given it is an Attempted Murder case, one can venture that it will take some time to get familiar with the case...

Michael Adam Haber

I cannot tell you with any degree of certainty what I am going to have for dinner, much less either why a new prosecutor was assigned or what it means. I can, however, venture a guess that there is no need to worry and that you can relax. This is a very common occurrence, especially in larger State Attorney’s Offices like...

What is a motion to recuse a prosecutor?

The Gist of this Article: A Motion to Recuse a Prosecutor under Penal Code § 1424 (a) (1) must show there is an actual or apparent conflict of interest caused by factors extraneous to the prosecutor’s official duties such that defendant will not received a fair trial.

Can a prosecutor deny a conflict of interest?

The prosecutor most likely will deny such a conflict of interest exists. Occasionally, what the client or his / her family tells us crosses a threshold, triggering consideration of filing a motion to recuse a prosecutor under Penal Code § 1424 (a) (1) and the California Constitution, Article 1, § 7. It must be clear from the outset that such ...

Can a defendant change their defense attorney?

Defendants have the right to counsel of their choosing—within reason. When a defendant wants to change their defense attorney for another, the court must consider several factors before granting a continuance to allow the new lawyer to prepare.

What is the most important consideration for a judge?

Perhaps the most important consideration for a judge is whether the party requesting the continuance has been diligent —in other words, whether the party put in sufficient effort. Parties must be active in reviewing evidence, interviewing witnesses, issuing subpoenas, and testing forensic evidence.

How to prepare for trial?

Both the prosecution and the defense are entitled to a reasonable time to prepare for trial. Exactly what constitutes a reasonable time is open to interpretation, and depends on the circumstances and complexity of a particular case. In general, each side must be given sufficient time to: 1 review the evidence 2 investigate the facts 3 consult with witnesses 4 negotiate a plea agreement (if one is possible), and, 5 in the case of the defense, hold lawyer-client meetings.

What is a continuance in a trial?

A continuance is a grant of additional preparation time before or during a trial. Either the prosecution or the defense can request a continuance, and sometimes even the court can order a continuance of its own accord.

Can a judge grant a continuance?

A judge may not arbitrarily insist that the case move forward when it's clear that a continuance is needed for a new lawyer. A judge probably won't grant a continuance if: the defendant has unreasonably delayed in getting a new attorney. the defendant has another attorney who is prepared for trial.

Can a judge reject a continuance request?

As always, if the defendant's negligence contributed to the surprise, the judge can reject the continuance request. Additionally, a court usually won't grant a continuance where the surprise testimony comes from one of the defendant's own witnesses.

Why do attorneys request continuances?

Attorneys often request continuances because their work on other cases has prevented them from devoting the necessary time to the case at hand. Courts usually allow some leeway in these situations, especially for court-appointed defense attorneys. Time for the defense.

Why is a judge removed from a case?

The judge is removed from the case, whether because of a motion by the prosecution or defense or because of the judge's independent decision. Recusals usually happen because of some kind of conflict of interest.

Which amendment required the Chief Justice to be recused?

Basing its decision on the 14th Amendment's Due Process Clause, the U.S. Supreme Court concluded that the chief justice had to be recused. It commented that a likelihood of bias by a judge that "is too high to be constitutionally tolerable" requires recusal.

When did the Supreme Court rule on judicial bias?

The U.S. Supreme Court announced a new rule on judicial bias in 2016. Although the rule might not apply to lots of cases, it highlights the fact that judges are supposed to be impartial.

What is a recusal in court?

A "recusal" occurs when a judge who would have heard a case doesn't preside over it. The judge is removed from the case, whether because of a motion by the prosecution or defense or because of the judge's independent decision. Recusals usually happen because of some kind of conflict of interest.

What was the case in Williams v. Pennsylvania?

In Williams v. Pennsylvania, Williams had been convicted of murder and sentenced to death. His lawyers fought the conviction and sentence over the course of many years. Eventually, a Pennsylvania court stayed the defendant's execution and ordered a new sentencing hearing. (579 U. S. ____ (2016).)

Which amendment requires a judge to recuse himself?

Basing its decision on the 14th Amendment's Due Process Clause, the U.S. Supreme Court concluded that the chief justice had to be recused. It commented that a likelihood of bias by a judge that "is too high to be constitutionally tolerable" requires recusal. More specifically, it decided that a judge who has had "significant, personal involvement as a prosecutor in a critical decision regarding the defendant's case" must recuse him or herself.

Do you have to give consent to a text message from Martindale-Nolo?

You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply.

Can a judge pause the clock?

However, a judge will pause the clock during any period in which the defendant is evading law enforcement.

What happens if no law sets a benchmark?

If no law sets a specific benchmark, a court must consider several factors in deciding whether the defendant was denied a speedy trial. The judge will take into account any reason for the delay and its impact on the defendant’s ability to present their case.

What is the speedy trial act?

The federal Speedy Trial Act provides some instruction for federal cases. For example, it requires formal charges to be brought within 30 days of an arrest. A defendant in a criminal case has a right to a speedy trial under the Sixth Amendment to the U.S. Constitution.

Which amendment gives the right to a speedy trial?

A defendant in a criminal case has a right to a speedy trial under the Sixth A mendment to the U.S. Constitution. While the Constitution does not define a speedy trial, the federal Speedy Trial Act and state laws provide some guidance on when the right may be violated. In some states, the prosecution has a certain number ...

Does the Constitution define speedy trial?

While the Constitution does not define a speedy trial, the federal Speedy Trial Act and state laws provide some guidance on when the right may be violated. In some states, the prosecution has a certain number of days to bring a defendant to trial after they have been arraigned on an indictment.

What does it mean when a defendant violates the speedy trial rule?

A violation of the speedy trial rule means that any conviction and sentence must be wiped out, and the charges must be dismissed if the case has not reached trial.

Why is it important to have a speedy trial?

One of the main reasons for the right to a speedy trial is to prevent a defendant from being held in custody for a long time, only to eventually be found innocent. If the defendant is denied bail or cannot pay the bail amount, they will remain in jail until their trial date. An innocent citizen should not be required to spend many months ...

What happens if a defendant needs another lawyer?

If the defendant needs to find another lawyer, a court could also give the defendant a reasonable amount of time to secure a new attorney. To deal with adverse pretrial publicity. Occasionally, defendants will ask for a continuance on the grounds of prejudicial publicity.

Why do judges continue hearings?

Judges are often asked to continue a hearing or a trial for these reasons: At the arraignment, to secure counsel. An arrestee’s first court appearance is often the arraignment, when the judge reads the charges and asks for a plea.

What questions should I ask my attorney?

Questions for Your Attorney 1 I’ve waived time and need more time to prepare my case. What do I have to tell the judge to get the trial date pushed back? 2 If the prosecutor asks for a continuance and gets it, can I challenge the delay by filing a writ in the appellate court? 3 I’d like to hire new counsel because I think the one I have is not doing a good job. What do I have to tell the judge to get time for finding a new lawyer?

Is it difficult to drag out a criminal case?

Dragging out a criminal case is particularly difficult for victims. On the flip side, allowing defendants to unnecessarily prolong the proceedings, in hopes that damning evidence will become unavailable, is not in the public’s interest of conducting fair trials.

What is the rule for criminal cases in California?

Criminal cases must be heard and determined “at the earliest possible time,” and the proceedings expedited “to the greatest degree consistent with the ends of justice.” (Cal. Penal Code § 1050 (a).) California Rules of Court, Rule 4.113 states that motions to continue criminal trials are downright “disfavored.”.

What is the first appearance of a defendant?

In spite of this general approach, both the defense and the prosecution in a criminal case (and the court, on its own motion) may ask for and obtain a continuance, beginning with the defendant’s first appearance, which is typically the arraignment (where the defendant is appraised of the charges and asked how he wishes to plead).

Why do defendants ask for continuances?

Typical Reasons Why Defendants Ask for Continuances. Judges are often asked to continue a hearing or a trial for these reasons: At the arraignment, to secure counsel. An arrestee’s first court appearance is often the arraignment, when the judge reads the charges and asks for a plea.

Can a prosecutor settle a case?

In addition, the prosecutor never knows what may happen at trial;

Why do prosecutors decline to file charges?

Many times, the prosecutors decline to file charges for a variety of reasons, including the need for more investigation, the presence of tainted evidence, or the unreliability of witnesses. Prosecutors bring charges when they think there’s a good chance of proving their case beyond a reasonable doubt.

What happens if a jury finds a defendant guilty of all charges?

However, additional charges present a real risk to a defendant. If a jury finds the defendant guilty of all charges, the sentence could be significantly higher. Prosecutors often use this possibility of a harsher penalty to their advantage in persuading a defendant to accept a plea bargain.

What does it mean when a defendant pleads guilty?

Defendants who plead guilty can express remorse, acceptance of responsibility, and a desire to save the court and the victims from a lengthy and perhaps emotional trial. None of these mitigating factors are available to a defendant who has chosen to go to trial.

Do prosecutors have to prove their case?

Most of the time, prosecutors are confident that they have the necessary evidence to prove their case before they bring formal charges against a defendant. But some cases are stronger than others, and if a case is not rock-solid, a prosecutor may settle for a plea bargain to a lesser offense or agree to recommend a specific sentence, rather than go to trial and risk an acquittal or hung jury, or even a conviction and a light sentence. In addition, the prosecutor never knows what may happen at trial; if defense counsel is particularly skilled, the chances of losing go up.

Why do prosecutions overcharge?

If the prosecution believes that it has one or two strong charges against a defendant, it may bring several other charges in the case even though the proof of these other crimes is weaker. Prosecutors sometimes overcharge to increase their bargaining power in plea negotiations, even though it angers some judges, who see it as a bullying tactic. Prosecutors generally do not worry about losing on a few charges at trial as long as they convict the defendant of at least one of the crimes charged. However, additional charges present a real risk to a defendant. If a jury finds the defendant guilty of all charges, the sentence could be significantly higher. Prosecutors often use this possibility of a harsher penalty to their advantage in persuading a defendant to accept a plea bargain.

Do criminal cases go to trial?

The vast majority of criminal cases never go trial. In fact, 90% or more of all criminal matters get resolved by guilty pleas pursuant to plea bargains, which are agreements between a defendant and the prosecutor’s office. Why does this happen in a judicial system that guarantees defendants the right to trial, presumes them innocent ...

Do judges violate civil rights?

Judges and prosecutors violate civil rights every day, in plain sight, and with seeming impunity. To make them answer for these crimes, the federal government must continue to extend its reach beyond the streets and into the courtroom. Advertisement. Continue reading the main story.

Why is Section 242 used in the Supreme Court?

Indeed, the Supreme Court has invoked the availability of Section 242 prosecutions to justify its sealing of federal courthouse doors against people seeking to vindicate their civil rights. Judges and prosecutors violate civil rights every day, in plain sight, and with seeming impunity.

Does Section 242 apply to civil cases?

The nearly insurmountable barriers to justice in civil court don’t apply in criminal prosecutions. Indeed, the Supreme Court has invoked the availability of Section 242 prosecutions to justify its sealing of federal courthouse doors against people seeking to vindicate their civil rights.