Legal Question in Criminal Law in Kansas

Can one request a change of prosecutors and or Judge?

A friend was arrested in a small Kansas town Marysville in Marshall Co) where everyone is friends with everyone else. The prosecutor and the judge and cops are all pals and my friend is basically getting unfair treatment while in jail. Its pretty involved, but he was rearrested for supposedly having cigs while in jail, but there is no evidence. The Pros says theres a video, but has not submitted it to the defense atty. and it goes on and on. For some reason they have a personal vendetta against this friend. We are wondering if he can have his atty request a different prosecutor and judge so he can get fair treatment since he is not. His civil rights have been violated and it is on record that the town judge has told him that if he is ever in his courtroom again, he will be given the max punishment regardless. He and his wife are also being harassed by a cop in this small town and this is also documented. What are the options as far as getting my friend away from this small-town circus and getting some fair treatment from unbiased persons?


Asked on 9/20/07, 7:13 pm

1 Answer from Attorneys
Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: Can one request a change of prosecutors and or Judge?

You would be best advised to seek out an answer from a Kansas defense attorney. You should try to get him the best you can. Start by looking for a lawyer who belongs to the National Association of Criminal Defense Lawyers aka NACDL. These are the best and the brightest and often the ones with the most guts to take on a small town mentality. YOu can reach NACDl by contacting their main offices in Washington DC.

Change of venue and change of judge or prosecutor is a tough thing. You often have to get these people to recuse themselves. Hence you are asking the person you think is unfair to say he is unfair and then move the case. Not easy. Even great lawyers may not be able to accomplish this given your descriptions. The whole thing starts however with a good lawyer.

Good Luck.

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Answered on 9/22/07, 12:24 am


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