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.
Answered on 6/09/04, 8:45 pm
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