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Ask Alex J. Esq. Your Own Question

Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 12819
Experience:  Experienced Licensed Attorney / Criminal Law Mentor
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I believe the judge in my fiancees criminal case holds a bias...

Resolved Question:

I believe the judge in my fiancee's criminal case holds a bias... just for a little background she was raped by a black man several years ago and looking at her track record for cases she comes down very hard on all black men that are tried through her courts? Can he request a change of venue based on this?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Alex J. Esq. replied 1 year ago.

Alex Esquire :

Hello. My name is XXXXX XXXXX I will be glad to help you.

Alex Esquire :

Are you online with me?

Alex Esquire :

Welcome to JustAnswer.com

Customer:

yes I am here

Alex Esquire :

I am sorry about your fiancee's unfortunate situation.

Alex Esquire :

What type of criminal charges is your fiancee currently facing?

Customer:

Understood its kind of urgent I am due to have a baby in 3 months I would hope he would be out in time for the birth. Aggravated discharge of a firearm

Alex Esquire :

Was anyone hurt as a result?

Customer:

no there is no weapon, no gun residue was found on him and its simply one witness implicating him

Alex Esquire :

I understand

Alex Esquire :

Does your fiancee have any prior criminal convictions?

Alex Esquire :


Does your fiancee have any prior criminal convictions?



Customer:

yes a felony conviction as a juvenile class x for armed robbery

Alex Esquire :

Thanks for that information.

Alex Esquire :

Does your fiancee have a local private criminal defense attorney to represent him in this criminal case?

Customer:

He HAD one but I have been unable to get ahold of him since his last court dayte and he is scheduled to go back on Monday, so I think he might have dropped the case

Alex Esquire :


Does your fiancee have a local private criminal defense attorney to represent him in this criminal case?



Customer:

see above answer

Alex Esquire :

Okay

Alex Esquire :

Well, your fiancee's attorney can file a motion to disqualify the judge, but his attorney would have to outline a very specific grounds for such request.

Customer:

Now because his trial has not yet started he could not file a motion for a change of venue without cause?

Alex Esquire :

Such as specific bias to your fiancee and not the fact that the judge is simply being tough or strict.

Alex Esquire :

correct

Alex Esquire :

Generally, he would need cause / legal grounds for such motion to disqualify the judge or to change venue.

Alex Esquire :

Is there another judge who presides over criminal cases in this court?

Customer:

So he would have to substantiate (ie show proof of other court proceedings in which the judge ruled harshly on simple charges ???) his need for a change of venue?

Customer:

And yes there is another judge that could take his case

Alex Esquire :

No

Alex Esquire :

It would not be a change of venue

Customer:

oh okay

Alex Esquire :

but simply a motion to disqualify the current judge

Customer:

I see

Alex Esquire :

but the bias has to be specific to your fiancee's case.

Alex Esquire :

Such as this judge being harsh on him beyond her legal discretion and in some cases beyond what is permissible by law.

Customer:

She also increased his bond based on his record which I thought was not permissible in court due to the fact he was a juvenile

Alex Esquire :

Actually, juvenile felony record can be considered.

Alex Esquire :

especially if he was charged and convicted as an adult

Alex Esquire :

The judge does have a lot of discretion when it comes to setting amount of the bond.

Customer:

Oh okay thank you for clarification on that... well what about reducing the bond???

Alex Esquire :

Basically, you would want your fiancee's attorney to gather as much evidence of the specific bias toward your fiancee and then if the bias is severe and specific enough to file a motion.

Alex Esquire :

A Motion can be filed requesting a bond reduction, but again, it would be up to the judge to make a decision on whether the bond should be reduced.

Alex Esquire :

Also, if the motion to disqualify this judge is not granted, your fiancee might stand to suffer even harsher treatment from this very same judge, but at least this issue will be saved for the appeal.

Customer:

okay thank you I certainly appreciate you shedding light on this

Alex Esquire :

Thank you.

Alex Esquire :

I wish you and your fiancee the very best of luck!

Alex Esquire :

Please click on the excellent service rating, so I can receive credit for my answer.

Alex Esquire :

Bonus and positive feedback is always appreciated, but is not required.

Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 12819
Experience: Experienced Licensed Attorney / Criminal Law Mentor
Alex J. Esq. and 2 other Criminal Law Specialists are ready to help you

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