Legal Question in Criminal Law in California

How to File motion for removal of Deputy District Attorney from case

I was wandering how one would file for the removal of a already prejudical violating Deputy District Attorney who has been reprimanded by the judge and sole cause for mistrial due to inflammatory remarks made toward Defendant?


Asked on 6/09/04, 8:34 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: How to File motion for removal of Deputy District Attorney from case

You probably can't have him removed, even if he caused a mistrial. It doesn't matter that he's prejudiced against you -- he's the prosecutor, and is *supposed* to believe you are guilty. Only the judge and the jury have to be unbiased.

Read more
Answered on 6/09/04, 8:45 pm


Related Questions & Answers

More Criminal Law questions and answers in California