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
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!