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Delta-Lawyer
Delta-Lawyer, Lawyer
Category: Criminal Law
Satisfied Customers: 3546
Experience:  Over A Decade Of Criminal Law Experience
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If, during the trial, the Judge calls the Lawyer and other

Customer Question

If, during the trial, the Judge calls the Lawyer and other to the front and make a statement that the client will be convicted prior to the Jury making a decision, can the entire case be thrown out?
Submitted: 10 months ago.
Category: Criminal Law
Expert:  Delta-Lawyer replied 10 months ago.

If it is a jury trial, then this can be considered judicial misconduct and is also grounds for a mistrial. A motion should be made by the defense for a mistrial based on the misconduct of the judge. Moreover, this is grounds to have the judge precluded or recused from presiding over the next trial, should the mistrial be granted. If a mistrial is not declared, then this is certainly grounds for an appeal of the conviction as well.

Let me know if you have any other questions or concerns. Please also rate my answer positively (THREE OR MORE STARS) on the ratings interface on your end so I can receive credit for my response from the site.

Thank you and best wishes going forward!

Expert:  Delta-Lawyer replied 10 months ago.

Did you have any other questions?

Expert:  Delta-Lawyer replied 10 months ago.

Just checking to see if you have any other questions or concerns here. I want you to be as comfortable as possible as you move forward. Thanks