Legal Question in Civil Rights Law in California

Re: If the law is prejudicial?

You can ask the judge to remove a particular deputy district attorney or the entire office from representing the people in a criminal prosecution. This is called recusal. A recusal motion is most likely to be successful when the district attorney has a conflict of interest. This may occur, for example, when the victim of a crime is related to the district attorney or works in the office. These are illustrations only. Other circumstances might justify disqualifying a district attorney but the characteristic dislike that district attorneys have for criminal defendants is not among them. If a district attorney's office is recused, the attorney general normally assumes the role of prosecutor. There is no procedure for disqualifying a police department or a police officer from investigating a case. Of course, prejudice may corrupt the investigation and lead the jury to find reasonable doubt and acquit the defendant.