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TJ, Esq.
TJ, Esq., Attorney
Category: Criminal Law
Satisfied Customers: 11633
Experience:  JD, MBA
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my wifes lawyer filed a motion to dismiss the charges against

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my wifes lawyer filed a motion to dismiss the charges against her that she was put on home confinement a year and a half ago and has never heard anything from the court or the prosecution in all of that time...we heard that the judge is a hard cased one and I was wondering if it would be better to ask for a different judge or just go with what we got...
Hello and thank you for allowing me the opportunity to assist you.

Unfortunately, a defendant cannot choose her judge. The judge is assigned to the case randomly, and unless there is a reason that the judge must recuse himself (such as if he knows the defendant), then the defendant is stuck with that judge. Of course, any defendant is entitled to a speedy trial, and if the prosecutor has not brought this to trial in a timely manner, then the lawyer was correct to file a motion to dismiss. The judge would have a legal obligation to dismiss the case, even if he's a hard case. If he does not, then the decision can be appealed, and the judge would look bad if his decision is reversed.

Does that answer your question? Let me know if you need clarification, and please remember to rate me positively so that I receive credit for my efforts.

Thank you and good luck!
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