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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 116816
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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I'm in need of a new lawyer and some advice.

Customer Question

Hello, I'm in need of a new lawyer and some advice. my nephew is facing murder charges in south bend Indiana for a crime he saw his former friend commit on a guy named javior g***** it happened when he was 14 years old they came to question him at the age of 15 had a motion to wave him from juvenile to adult jail after the shooter tobar admitted to killing this young man we paid 20,000 dollars for a lawyer only to have him go to court today April 18,2016 and a judge named manoka denies him robbery charges and stills wants to charge him with murder. And wants the shooter who is not only 23 but is the actual shooter because he admitted it 6 times to authorities to turn state witness against him I really need to know what to do where to go who to talk to they have my 16 year old nephew in protective custody because the Latin kings was one of the boys who was killed and the boy tobar dad is also Latin king, they told police it was a murder for hire and then he said they were just going to buy weed, then tobar stated in his testimony he robbed him so he killed him, sad situation but I need help/answers this case is in south bend Indiana, how can I get him a new judge or take this to the supreme court the lawyer has been on this case since Feb. of this year and there is a ton of evidence in this case he still needs to collect/ but judge Minooka is not allowing him to present any evidence or take any pleas.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Your son's attorney needs to file a motion to recuse the judge. You need to tell the attorney he has received money from you for your son's defense and he is not properly defending him and the judge is showing evidence of actual bias and should be removed from the case based on your description. A motion to recuse is all that can be filed.
If the motion is denied, then the only thing you can do is wait until the trial is completed and a final judgment entered. Once the final judgment is entered, then you can file an appeal to the Supreme Court.