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How to Change a Judge in a Criminal Case Los Angeles

California law provides defendants in criminal cases the right to request a change of judge under specific circumstances. This process can occur either without evidence of bias or when evidence of bias exists, as outlined in the California Code of Civil Procedure (CCP) §§ 170.1 and 170.6. Below, we explain how this process works and why consulting an experienced attorney is essential.

1. One-Time Change Without Evidence of Bias

California law permits a defendant to request a different judge one time in a criminal case without the need to provide evidence of bias. This type of request, commonly referred to as a peremptory challenge, is governed by CCP § 170.6.

• Timing:
  • The request must be filed within 10 days of the judge’s assignment to the case or before the judge has made any rulings on contested matters.
  • Filing as soon as possible is highly recommended to avoid procedural complications.
• Impact:
  • The case will be reassigned to a new judge. However, the new judge may not necessarily be more favorable, which is why consultation with a knowledgeable attorney is critical.

2. Change Based on Evidence of Bias

If a judge exhibits bias or prejudice against a defendant or their attorney, a motion to disqualify the judge may be filed under CCP § 170.1.

• Grounds for Bias:
  • Personal prejudice against the defendant or their lawyer.
  • Conflict of interest or other factors indicating an inability to remain impartial.
• Procedure:
  • A written affidavit or declaration must be filed detailing the specific facts supporting the claim of bias.
  • The judge may voluntarily recuse themselves, or another judge will review the motion to determine its validity.

3. Strategic Considerations

Filing a request to change judges can significantly impact your case. In Los Angeles, experienced DUI and criminal defense attorneys often weigh the potential benefits of a new judge against the risks of reassignment. Key considerations include:

• Knowledge of Local Judges:
  • Experienced attorneys are familiar with the tendencies and reputations of judges in their jurisdiction. They can provide insights into whether requesting a change is beneficial.
• Avoiding Aggressive Prosecutors:
  • In some cases, a change of judge may also result in a different prosecutor being assigned to the case. This strategy can be advantageous if a particularly aggressive prosecutor is linked to a specific courtroom.

4. Why Consult an Attorney?

Filing an affidavit to change a judge requires careful planning and execution. An experienced Los Angeles DUI or Los Angeles criminal defense attorney can:

• Evaluate the specific judge assigned to your case and provide an informed opinion.
• Prepare and file the necessary paperwork promptly.
• Advise you on the potential outcomes of reassignment.

5. Free Consultation

If you’re facing criminal charges in Los Angeles and are considering requesting a change of judge, our team of experienced attorneys is here to help. Call us today for a free consultation at (323) 464-6424. We’ll discuss your case, evaluate your options, and guide you through every step of the legal process.

Changing judges in California criminal cases is a powerful tool but requires strategic use. Contact a trusted Los Angeles DUI or criminal defense attorney to ensure your rights are protected and your case is handled effectively

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