hello, pls i need to ask a question about a criminal case.i have a brother that have a case and he was not arouind when the case started, his other fellows have been giving there sentenceing. i want to know if is the same judge and prosecutor will assign to him when he want to face hie own case
If he was charged in the same indictment or information, then yes, typical practice is that it would be assigned to the same judge and prosecutor.
yes is the same indictment? so is it the same judge and prosecutor no matter how long.
Yes, if it's the same case number XXXXX would be common practice that it would belong to the same judge and prosecutor unless one or both are no longer there or have changed assignments (i.e., a criminal to civil docket).
what you mean by these words unless one or both are no longer there or have changed assignments (i.e., a criminal to civil docket).
For example if the prosecutor no longer works in the DA's office, he/she won't be the prosecutor on it. Also, occasionally judges and prosecutors change dockets. For instance, a prosecutor may switch from being assigned to a certain judge to another judge or from handling Robbery cases to sex crimes cases.Odds are that it will be the same judge and prosecutor, but there's no way to know for certain until he goes to court or by asking his attorney.
also i want to know if his attorney can represent him without him been there. is that possible in a fraud case. and can the judge make judgement on that kind of issues. like my brother is not around
No, he will have to be there. If he is not there, the court will issue a bench warrant.
what if he is out of the country and he get a lawyer to represent him in the matter
He will still have to be there on his court date. It is possible if he hires an attorney in advance that the attorney may be able to get his court date moved so that he can be back.
Experienced Criminal Trial Attorney since 1998.
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