Criminal Law Questions? Ask a Criminal Lawyer.
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I am sorry about your fiancee's unfortunate situation.
What type of criminal charges is your fiancee currently facing?
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
Was anyone hurt as a result?
no there is no weapon, no gun residue was found on him and its simply one witness implicating him
Does your fiancee have any prior criminal convictions?
yes a felony conviction as a juvenile class x for armed robbery
Thanks for that information.
Does your fiancee have a local private criminal defense attorney to represent him in this criminal case?
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
see above answer
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.
Now because his trial has not yet started he could not file a motion for a change of venue without cause?
Such as specific bias to your fiancee and not the fact that the judge is simply being tough or strict.
Generally, he would need cause / legal grounds for such motion to disqualify the judge or to change venue.
Is there another judge who presides over criminal cases in this court?
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?
And yes there is another judge that could take his case
It would not be a change of venue
but simply a motion to disqualify the current judge
but the bias has to be specific to your fiancee's case.
Such as this judge being harsh on him beyond her legal discretion and in some cases beyond what is permissible by law.
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
Actually, juvenile felony record can be considered.
especially if he was charged and convicted as an adult
The judge does have a lot of discretion when it comes to setting amount of the bond.
Oh okay thank you for clarification on that... well what about reducing the bond???
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.
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.
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.
okay thank you I certainly appreciate you shedding light on this
I wish you and your fiancee the very best of luck!
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