Judge and Juror Motions in Orange County

Ensure the Fair Presiding Over Your Trial

The outcome of many criminal cases is often significantly affected by the individuals who preside over the trial. This includes both judges and members of the jury; as it is their ruling that ultimately matters the most. As objective and law-abiding as judges and jurors are expected to be, there will always be human bias and subjectivity that can impact the outcome of your case. It is for this reason that the Anaheim criminal defense attorney at The Law Office of Barney B. Gibbs is ready to help file motions for judicial challenges.

Barney B. Gibbs has more than 30 years of experience in criminal defense, over which he has represented individuals in more than 2,500 cases. Not only has this experience fostered a comprehensive knowledge of California law, but it has also allowed him to build relationships with judges and District Attorneys for the local court systems. This gives him a key advantage in defending your case and also allows him to understand when a particular judge may not be right for your case.

Your Right to a Judicial Challenge

There are many reasons why it may be unreasonable for a particular judge to preside over a case. As a defendant, you have the right to file a motion to have a judge or member of the jury removed from the trial. Such a challenge can be preemptory, which does not require the provision of reason, or for cause. These motions are based upon a belief that the judge or juror may not be impartial.

Reasons for filing a motion for a judicial challenge include:

  • Favoritism towards police officers
  • Favoritism towards certain lawyer
  • Something that was said off the record
  • Known personal or selfish partiality
  • Judicial misconduct

Furthermore, a judge who believes oneself to be impartial must recuse or disqualify oneself. If he or she fails to do so, an objective statement that the judge should recuse him or herself may be filed. The judge then has ten days to challenge it, or it will be assumed that he or she has consented.

The Process of Removing a Judge

In most circumstances, a motion for challenging a judge or juror's involvement in a case can be filed before or during the trial. However, there are certain cases that have specific requirements concerning when the challenge must be made. Thus, it is essential to have an Anaheim criminal lawyer on your side who can ensure that you are following proper protocol.

In order to prevent interference from the judge you are challenging, decisions regarding the validity of a challenge will generally be made instantly upon presentation. If the challenge is found to be valid, the judicial change must happen immediately. If a challenge is denied, you can have the denial reviewed through a writ of mandate that must be filed within 10 days.

One-on-One Attention Your Case Deserves

When you retain the representation of The Law Office of Barney B. Gibbs, you can receive experienced and competent counsel from a seasoned criminal defense lawyer in Orange County. We offer flexible payment plans and financing options to all of our clients. We believe that every individual has the right to a fair trial and can be your advocate for challenging a judge or juror. Your case may depend on a judicial challenge motion; let us help you take action!

Call us today and we will evaluate your case for free!